HomeMy WebLinkAboutMountain Haus Unit 563�r��aoRa,a�r
COLORADO DEPARTMENT OF HEALTH
STATE Of go
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 80222 -1530 4210 E. 11th Avenue
Phone: 13031692 -2000 Denver, Colorado 80220 -3716
13031691 -4700
COLORADO
NOTICE OF DETERMINATION OF PENALTY
O LO CO
• e
+ 1 876
Roy Romer
Governer
Patricia A. Nolan, MD, MPH
Executive Director
Certified Mail No.
P 784 032 227
November 20, 1992
IN THE MATTER OF
The Mountain Haus at Vail
Units 563, 443, and 447
Vail, CO 81658
Permit #: N/A
Case #: 7325
On February 13, 1992 a conference was held by the Colorado .Air Pollution Control Division to discuss
the Notice of Violation (NOV) issued to Mr. John Shattuck on December 11, 1992. The following
representatives of the Air Pollution Control Division (APCD) and other parties involved with this NOV
were present:
Steven Fine, Robert Johannes, Alan Saville, and Martha Rudolph, Esq., representing the APCD;
Richard Strauss, Esq., and John Shattuck representing Mr. John Shattuck;
Larry Sturgeon, Richard Capra, and Cameron Burton, who were hired by Mr. Shattuck to
perform services at the Mountain Haus;
John Mouw, Howard Kenison, Esq., and Barbara Banks, Esq., representing the Mountain Haus
management;
Steve Schafer and Paul O'Hayre, with Industrial Compliance (I.C.), who were hired by the
Mountain Haus management to oversee asbestos problems in the Mountain Haus building.
BACKGROUND SUMMARY
On November 14, 1991, the Air Pollution Control Division (the Division) received a third party
complaint alleging that an asbestos abatement project had been conducted in Units 443, 447, and 563 of
the Mountain Haus at Vail by the owner of the units, Mr. John Shattuck, and persons hired by Mr.
Shattuck in early November of 1991. This asbestos abatement project was allegedly conducted in violation
of Air Quality Control Regulation No. 8 (The Control of Hazardous Air Pollutants), 5 CCR 1001 -10,
and Part 5 of the Colorado Air Quality Control Act, Paragraphs 25 -7 -101 to 806, C.R.S. Based on this
complaint, and other information contained in a report provided to the Division by third parties, an
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 2
is
inspection of Units 443, 447, and 563 of the Mountain Haus at Vail was conducted on November 18,
1991 by Mr. Alan Saville, a duly authorized representative of the Division.
The inspection by Mr. Saville clearly evidenced that an asbestos abatement project involving ceiling
materials, exceeding 32 square feet in surface area, had been conducted in Units 443, 447 and 563 of the
Mountain Haus at Vail. Additionally, air samples taken by I.C. from the common areas located adjacent
to units 443, 447, and 563 of the Mountain Haus at Vail exceeded the Maximum Allowable Asbestos
Level (the "MAAL "). These samples measured airborne asbestos levels at 171, 128, and 106.8 structures
per square millimeter (s /mm the MAAL standard is 70 s /mm
Based on the November 18, 1991 inspection, the search of Division records, and information provided
to the Division by third parties, the Division had reason to believe that Mr. John Shattuck conducted an
asbestos abatement project in violation of Air Quality Control Regulation No. 8 and part 5 of the
Colorado Air Quality Control Act. This information resulted in the issuance of a "Cease and Desist
Order" by the Division on November 22, 1991, and the aforementioned NOV letter on December 11,
1991.
CONFERENCE SUMMARY AND OTHER INFORMATION/EVIDENCE
The following is a summary of the Notice of Violation conference discussions and other evidence obtained
by the Division following the NOV conference:
Steven Fine of the Division, who directed the NOV conference, began by summarizing the background
information to the case which resulted in the Division issuing a "Cease and Desist Order" to Mr. Shattuck
on November 22, 1991.
Alan Saville testified that on November 18, 1991 he conducted an inspection of the 4th and 5th floor
hallways of the Mountain Haus and units 563, 443, and 447. Mr. Saville said that during his inspection
of the units he noted the presence of visible suspect ACM on the floors throughout the units, and that
there was what appeared to be a freshly deposited layer of dust on many of the horizontal surfaces in the
units. Mr. Saville testified that he took 3 samples of suspect material in unit 563: the first sample was
a dust sample taken from the kitchen counter, which later showed trace levels of chrysotile asbestos; the
second sample was taken from a pile of debris behind the refrigerator, which tested at 8% chrysotile
asbestos; the third bulk sample was taken from the balcony of unit 563, which later tested negative for
asbestos. Mr. Saville then stated that he took 4 additional samples of suspect ACM in the lower units.
Two were dust samples, (which showed trace levels of chrysotile asbestos) and two were bulk samples.
The first bulk sample was taken from debris inside a curtain rod mechanism, and the other was found
on the floor near a baseboard heater. The bulk samples tested 13% and 8% chrysotile asbestos,
respectively. It was Mr. Saville's opinion that all of these samples were representative of the significant
amounts of dust and debris that were visually evident throughout these units.
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 3
During the NOV conference, representatives of the Mountain Haus management testified that on
November 30, 1990, during a meeting with the homeowners association, a moratorium on all construction
related activities (including the painting of ceilings was adopted; it was noted that Mr. Shattuck had
seconded the motion to adopt this moratorium at that time.
Mr. Steve Schafer and Mr. Paul O'Hayre, industrial hygienists employed by Industrial Compliance,
testified during the conference that IC conducted an extensive asbestos survey of the building in October
and November of 1990, at the request of the Mountain Haus management. Mr. Schafer further stated that
he observed and documented the presence of "popcorn ceiling texture" in Mr. Shattuck's units during
this time and that, although he did not obtain direct samples from these units, he nevertheless believed
that this material was "homogeneous" and therefore asbestos containing based on sampling and physical
observations of similar materials located throughout the building.
During the initial stages of the Notice of Violation conference Mr. Shattuck and his attorney, Mr. Richard
Strauss, stated that the only construction related activity being conducted by Mr. Shattuck and persons
hired by him during the first 2 weeks of November 1991 in units 563, 443, and 447, was painting.
However, Mr. Cameron Burton, one of the painters hired by Mr. Shattuck, admitted that he had also
sanded a "light coat" of ceiling texture in the lower units, and that he removed a small amount of ceiling
texture in the upper unit that was about "3 times the size of Mr. Shattuck's briefcase." Mr. Burton also
stated that he applied a light coat of new texture over the existing coat of old texture in unit 563 as part
of the painting operation.
Mr. Schafer testified that on the afternoon of November 8, 1991 he knocked on the door and rang the
bell of unit 563. Mr. Schafer said that he could hear voices and equipment operating inside the unit, but
that when he rang the bell the conversation inside the unit suddenly stopped. Mr. Schafer believed that
the sounds of equipment operating inside the units clearly indicated some sort of construction activity
taking place. Mr. Burton- when asked why he stopped talking when Mr. Schafer rang the bell- replied
that "I ran out of things to say" and that he did not wish to take down the masking tape protecting the
doorway during painting operations for the simple purpose of answering the door. Later that afternoon
Mr. Schafer stated that he observed Mr. Shattuck exiting from the 4th floor unit doorway and that Mr.
Shattuck had what appeared to be asbestos containing ceiling texture caked onto his shoes. Mr. Shattuck
would not allow Mr. Schafer into the units when Mr. Schafer asked permission to do so. After Mr.
Shattuck left, Mr. Schafer took a small sample of the material that had fallen off of Mr. Shattuck's shoe
and this sample later tested as containing about 1 % asbestos. Mr. Strauss argued that this sample result
did not meet the regulatory definition of an asbestos containing material (i.e. any material containing
greater than I % asbestos). It was noted during this discussion that the sample may have been to small
to be truly representative of what is alleged to have been removed in these units.
On February 20, 1992 in response to portions of Mr. Shattuck's testimony in the NOV conference, Alan
Saville revisited the Mountain Haus units in question. During this inspection several hours were spent
inspecting, sampling, and photographing the ceiling areas throughout the units. The sampling technique
utilized on the ceiling of unit 563 included "core sampling" which, in conjunction with a careful
examination of the textured material, revealed that there was not an old layer of texture underneath the
on
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 4
re- sprayed layer as Mr. Shattuck had contended. The re- sprayed ceiling applied in early November of
1991 was the only texture on the ceiling (with the exception of the closet areas).
Mr. Shattuck had testified that in 1977 all of the original ceiling te xture in the lower units was removed
so that false ceiling beams could be installed. He provided an old receipt verifying that new material was
sprayed onto these ceilings at this time. Mr. Shattuck said that he didn't know whether or not this re-
sprayed material contained asbestos.
On May 1, 1992 Mr. Saville conducted an inspection of a follow -up abatement project being performed
by an asbestos abatement contractor in units 563, 443, and 447. This project had apparently been
undertaken at the request of the new owner who had recently purchased these units from Mr. Shattuck.
According to the persons performing the work at this time, asbestos containing ceiling material had been
discovered underneath the false beams in the 4th floor units and was being abated. The contractor and
consultant overseeing this project have documentation on file verifying this fact. Therefore, this
information either refutes Mr. Shattuck's original contention that all ceiling texture was removed in these
units in 1977 so that these beams could be installed, or indicates that the new ceiling material re- applied
in 1977 also contained asbestos. During the NOV conference Mr. Burton admitted sanding off the ceiline
material in these units.
Later in the NOV conference Mr. Shattuck, Mr. Burton, and Mr. Strauss contended that there was other
construction related activity going on in the east end of the 4th floor at the same time Mr. Shattuck's
work was underway. Mr. Shattuck stated that he believed that these persons were carpenters or painters,
but was not sure. Mr. Burton also testified that he saw construction activity being performed in Unit 448
and that he had asked the workers if he could borrow a ladder. They replied that they did not have one;
thus it is reasonable to conclude that these persons were not performing any kind of work on the ceilings
of unit 448.
On February 18, 1992 the Mountain Haus management provided the Division with a letter stating that
there is no record of any construction activity being performed anywhere in the building during the first
2 weeks of November 1991. According to the letter, unit 448 had been completely remodelled the
previous year and, in their opinion, there was no reason for there to have been any further construction
activity. This letter also shows that Mr. Shattuck checked out keys to his former units on November 3,
1991 and returned them on November 14, 1991. The letter further refutes Mr. Shattuck's claim that
Terrence Thurston, assistant manager for the Mountain Haus, requested that the ceilings and walls in Mr.
Shattuck's units be painted in the fall of 1991, in apparent violation of the moratorium on all construction
that had been approved by the Mountain Haus homeowner's meeting on November 30, 1990. With the
provision of this letter, the Mountain Haus management vehemently denies that they requested Mr.
Shattuck to paint his units. The Mountain Haus also provided a copy of a separate letter signed by Mr.
Thurston and dated September 17, 1991 which clearly states that ceilings cannot be painted, and that any
work to be done in any unit requires prior written approval from the management.
During the conference Mr. Shattuck added that about 2 years ago the ACM ceiling spray in the unit next
door to #563 (unit #565) was removed and that the carpeting in the hallway may have been "permanently
1r
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 5
Ift
contaminated" with residual asbestos fibers as a result. Mr. Shattuck and Mr. Strauss then contended that
these two events may have contributed to the violation of the Maximum Allowable Asbestos Level
(MAAL) that was measured in the 4th and 5th floor hallways by Industrial Compliance on November 8,
1991.
On February 3, 1991 the Division received a letter from the owner of unit 565, located next door to Mr.
Shattuck's former unit. This letter clearly implies that Mr. Shattuck was fully aware of the asbestos
ceilings in all of his units and was also aware of the ambiguity surrounding the statutory non - public access
issue. The letter also reveals that, prior to November of 1991, numerous conversations had taken place
between Mr. Shattuck and the owner of unit 565 regarding the cost of abating the asbestos containing
ceilings in their respective units. The letter further states that the owner of unit 565 directly observed the
presence of "popcorn type ceiling texture" on the ceilings of Mr. Shattuck's units as recently as June of
1991. The owner also admits that the ceilings of the upstairs portion of his unit "were scraped clean
several years before asbestos containing building materials were discovered in the building." Because of
this statement, and in conjunction with the fact that the Mountain Haus staff regularly steam cleans
carpeting in the hallways throughout the building at least twice per year, the Division believes that the
concentrations of airborne asbestos which exceeded the MAAL- as measured by Industrial Compliance
on November 8, 1991- was not caused by any other activity in the building other than asbestos removal
activity being conducted by Mr. Shattuck at that time.
Throughout the conference Mr. Strauss contended that regardless of what may have taken place in Mr.
Shattuck's units in early November of 1991, the units should be considered as "areas of non - public
access" as defined in Colorado Statutory and Regulatory law. Mr. Strauss provided a copy of a letter
written by Mr. Kenison, dated April 4, 1991, which appears to imply that, in Mr. Kenison's opinion,
individually owned condominium units in the Mountain Haus may be viewed as areas of non - public access
and therefore possibly not subject to the various requirements stipulated in Colorado Regulation No. 8
pertaining to asbestos abatement. In rebuttal, Mr. Kenison contended that he repeatedly emphasized in
numerous conversations with Mountain Haus homeowners that this issue was an open question that had
not, to the best of his knowledge, been resolved by any court or by the Board of Health. Mr. Kenison
also commented that, as a former Deputy Attorney General for the State of Colorado, he was very aware,
and reiterated many times to the homeowners, that a strong counter argument could be mounted by the
Health Department and the Attorney General's office which could trigger the compliance requirements
specified in Colorado law, particularly if a release of airborne asbestos occurred outside of the individual
units.
Near the end of the conference Mr. Strauss summarized Mr. Shattuck's defense by asserting that: (1) the
Division had not provided any adequate proof that the ceiling materials removed from the 4th floor units
were asbestos containing as defined by statute or regulation; (2) The removal activities took place in areas
of non - public access and therefore are not subject to the Division's jurisdiction; and (3) There was no
attempt on Mr. Shattuck's part to abate asbestos, that the actions that he and his hired crew took were
related to painting and cosmetically improving his units.
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 6
../
Mr. Strauss also challenged Mr. Saville's asbestos samples which were collected during the November
18, 1991 inspection. One of these . samples was taken from a pile of debris behind the refrigerator in unit
563, and the other was taken from the top of a curtain rod mechanism in unit 447. Mr. Strauss contended
that there was no way of determining how long this material had been in place However, during the
February 20, 1992 inspection Mr. Saville interviewed the supervisor of the housekeeping staff for the
Mountain Haus who provided written documentation (including names, dates and times) showing that all
of Mr. Shattuck's units had been thoroughly cleaned in October of 1991. According to this supervisor,
such cleaning includes pulling out refrigerators and cleaning all dust and debris which has accumulated
behind them. This procedure is done twice per year (spring and fall) by the Mountain Haus housekeeping
staff.
Finally, as part of a follow -up investigation conducted by Mr. Saville in the spring of 1992, information
obtained from a City of Vail building inspector and a Vail real estate agent revealed that in the late spring
of 1991 Mr. Shattuck approached both of these individuals with concerns about asbestos problems in his
Mountain Haus units. Mr. Shattuck had his units listed for sale during the spring of 1991 and, according
to the real estate agent, sometime during May of 1991 Mr. Shattuck instructed the realtor to take the units
off of the market until he could "get rid of his asbestos problem ". The agent further stated that Mr.
Shattuck again contacted him in mid to late November and told him that his "asbestos problem had been
taken care of', and requested that the units be put back on the market. The town building inspector stated
that in the spring of 1991 Mr. Shattuck asked him for any advice he might have as to how he could "get
rid of an asbestos problem" at minimal cost.
All evidence (circumstantial and physical) collected as part of the Division's investigation before and after
the NOV conference has been substantiated and verified. Therefore the Division has made the following
determination on each of the alleged violations cited in the Notice of Violation letter issued on December
11, 1991:
l) Regulation No. 8. paragraph II.A.1.
Section 25 -7 -504, C.R.S. -- Trained /certified workers.
Mr. John Shattuck conducted an asbestos abatement project without first obtaining the necessary
certifications from the Division. Mr. Shattuck has contended that he only painted and cosmetically
improved his units during the first week of November 1991; evidence and information collected
by the Division before, during, and after the NOV conference has shown that this is not the case -
and that asbestos removal (abatement) did indeed take place in these units by persons not properly
trained or certified during this time period.
2) Regulation No. 8. paragraph II1.B.1. -- Notification.
Mr. John Shattuck conducted an asbestos abatement project without first notifying the
Division. The Division has determined that this asbestos removal commenced without proper
notification as required.
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 7
1"0
3) Regulation No. 8. paragraph III.C. L. Asbestos abatement permits
Mr. John Shattuck commenced an asbestos abatement project without first securing a valid permit
from the Division, in violation of clause III.C. La.(i). Mr. Shattuck did not file for an asbestos
abatement permit prior to conducting the project in early November 1991, as required.
4) Regulation No. 8. paragraph III.C.2. -- Work Practices
In conducting the asbestos abatement project in early November of 1991, Mr. John Shattuck did
not comply with the applicable asbestos abatement work practices including those relating to
containment barriers, decontamination units, cleaning of surfaces, HEPA vacuuming, wet wiping,
airless sprayers, manometer /pressure gauge /smoke tubes, wetting, disposal containers,
encapsulants, coveralls, air cleaning, or waste load -out areas.
5) Regulation No. 8. paragraph III.C.7.b. -- Maximum Allowable Asbestos Level
Because of the application of improper abatement procedures, the Maximum Allowable
Asbestos Level (MAAL) was exceeded in an area of public access, in violation of
subparagraph III.C.7.b. While counsel for John Shattuck has contended that these units are
areas of non - public access, the Division maintains that vacation rental units constitute areas
of public access. Furthermore it has been demonstrated that air levels measured by Industrial
Compliance on November 8, 1991 exceeded the MAAL in the common areas (hallways) of
the Mountain Haus, and that these levels were directly caused by the abatement activity that
had been illegally conducted by Mr. Shattuck and persons hired by Mr. Shattuck.
6) Regulation No. 8. paragraph III.C.7.a. -- Final visual and air clearances
Mr. John Shattuck did not follow proper procedures pertaining to final clearance requirements, in
violation of subparagraph III.C.7.a. The Division has not been provided any information indicating
that a final visual inspection or final air sampling was conducted by an independent firm after the
completion of this removal project. This requirement was not met until the Division issued a Cease
and Order on November 22, 1991 stipulating that this procedure be implemented following the
mandatory cleanup of the units by a properly certified asbestos abatement contractor - also stipulated
in the Cease and Desist order.
7) Regulation No. 8. paragraph III.C.8. -- Waste handling
In conducting the asbestos abatement project, Mr. John Shattuck did not comply with the
requirements concerning the packaging, labeling, storage, transportation or disposal of asbestos
containing waste materials or disposal of asbestos containing wastewater. The Division must
conclude that proper procedures were not followed during the removal project of early November
1991; the Division has not been provided with any information indicating otherwise.
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 8
FINAL DETERMINATION
Based on information and testimony presented at the NOV conference the Division finds the following
in its case against Mr. John Shattuck:
After careful review of the testimony and evidence presented at the NOV conference, a penalty of
$636,631.25 has been assessed by the Division, payable within 90 days from the date of this letter. The
calculation of this penalty is shown on the last page. In assessing penalties the Division is limited by
statute not to exceed $25,000.00 per day of violation. In the letter dated February 18, 1992, the Mountain
Haus management provided written documentation showing that Mr. Shattuck checked out the keys to
his units on November 3, 1991. Because of the aforementioned air samples (which were in violation of
the MAAL) measured by Industrial Compliance in the hallways on November 8, 1991, combined with
other observations made by Industrial Compliance that indicated illegal asbestos removal was taking place
within the units, Mr. Shattuck was locked out of the units by the Mountain Haus management on
November 9, 1991. Thus, the Division has determined that this illegal asbestos abatement project took
place over 5 days; therefore the penalty amount shown on the last page, which was calculated in
accordance with the Division's penalty policy, has been reduced to $125,000.00 (5 days duration x
$25,000.00 per day).
Division's
Citation
Description
Finding
II. A.1.
Persons conducting asbestos abatement not
Violation
trained or certified
III.B.1.
Notification to the Division of pending
Violation
asbestos abatement not filed
III. C.1.
Asbestos abatement permit not obtained prior
Violation
to commencing abatement
III.C.2.
Various work practices not employed during
Violation
asbestos abatement
III.C.7.b.
The "MAAL" was exceeded in an area of
Violation
public access
III.C.7.a.
Final clearance procedures for asbestos
Violation
abatement projects not followed
III.C.8.
Asbestos waste handling requirements were
Violation
not met
After careful review of the testimony and evidence presented at the NOV conference, a penalty of
$636,631.25 has been assessed by the Division, payable within 90 days from the date of this letter. The
calculation of this penalty is shown on the last page. In assessing penalties the Division is limited by
statute not to exceed $25,000.00 per day of violation. In the letter dated February 18, 1992, the Mountain
Haus management provided written documentation showing that Mr. Shattuck checked out the keys to
his units on November 3, 1991. Because of the aforementioned air samples (which were in violation of
the MAAL) measured by Industrial Compliance in the hallways on November 8, 1991, combined with
other observations made by Industrial Compliance that indicated illegal asbestos removal was taking place
within the units, Mr. Shattuck was locked out of the units by the Mountain Haus management on
November 9, 1991. Thus, the Division has determined that this illegal asbestos abatement project took
place over 5 days; therefore the penalty amount shown on the last page, which was calculated in
accordance with the Division's penalty policy, has been reduced to $125,000.00 (5 days duration x
$25,000.00 per day).
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 9
Pursuant to the above information and as provided in Section 25- 7- 511(4) C.R.S., this letter shall serve
as a DETERMINATION OF PENALTY. You are hereby ORDERED to pay the penalty in the full
amount of $125,000.00 Such penalty must be received by the Air Pollution Control Division on or
before February 15, 1992. Checks must be made payable to "CDH /Air Pollution Control Division" and
mailed to:
Kathy Drulard
Colorado Dept. of Health
Air Pollution Control Division -SS -B1
4300 Cherry Creek Drive South
Denver, CO 80222 -1530
Failure to pay the penalty amount in full when due will subject you to further enforcement
proceedings. Should you wish to appeal the Division's findings you have the right to request a
hearing regarding this matter before the Air Quality Control Commission, pursuant to 25- 7- 511(5)
C.R.S. Such request must be made in writing, within 30 days of the date of this letter, to the AQCC:
Chairman, Air Quality Control Commission
Colorado Department of Health
APCD -CC -B2
4300 Cherry Creek Drive South
Denver, CO 80222 -1530
A copy of the hearing request must also be mailed to the two addresses below:
Steven Fine
Colorado Department of Health
Air Pollution Control Division -SS -B1
4300 Cherry Creek Drive South
Denver, CO 80222 -1530
Martha Rudolph
Attorney General's Office
1525 Sherman Street
Denver, CO 80203
By its Procedural Regulations, 5 CCR 1001 -1, §(V)(G)(1), the Commission requires that all requests for
adjudicatory hearings contain:
Mr. John Shattuck
Mountain Haus at Vail
November 20, 1992
page 10
r.rp
(i) Identification of the person requesting such hearing, and an address and telephone number.
(ii) A statement of the relief requested and a general statement of the factual basis and legal justification
for the requested action.
(iii) A statement describing the person's interest in the matter.
(iv) An estimate of the time required for the hearing.
Issued at Denver, Colorado on November 20, 1992.
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
V,1�44-.v4oe
aul D. , sting Director
David R. Ouimette, Chief
Compliance Monitoring and Enforcement Section
JA� qv(,
Steven D. Fine, Sr. Industrial Hygienist
Compliance Monitoring and Enforcement Section
cc: Martha Rudolph /Julie Wrend, Office of the Attorney General
Susan Scanlon, Town of Vail
Brenda South, EPA
Kathy Drulard, CDH
Terrence Williams, CDH Accounting Dept.
Howard Kenison, Esq.
Steve Schafer, IC
Richard Capra, High Valley Environmental
Case file 117325
FY '93 WP 3.1.2.3.2.
NA .... x6dom6intshaus.dop
0
CALCULATION OF PENALTY FOR:
John B. Shattuck, 4080 Chippewa Drive Boulder, CO 80303
Project Site: Mountain Haus at Vail, CO 81658
November 20, 1992
Payable in 90 days
— --------------- -
COMPONENT A(i): SERIOUSNESS OF THE DANGER TO THE PUBLIC'S HEALTH (excluding duration)
Citation (Reg. 8)
Description of the Violation
Penalty
III.B.1.
Notification to the Division of pending asbestos abatement not filed
5,000.00
III. C. 1.
Asbestos abatement permit not obtained prior to commencing abatement
1,000.00
Component A(i) Total
$ 6,{)00.00
COMPONENT A(ii): SERIOUSNESS OF THE DANGER TO THE PUBLIC'S HEALTH (including duration)
Citation (Reg. 8)
Description of the Violation
Penalty
II.A.1.
Persons conducting asbestos abatement not certified
$ 525.00
II.A.I.c.
Persons conducting asbestos abatement not trained
420.00
III.C.2.
Various work practices not employed during asbestos abatement
25,000.00
III.C.7.b.
The "MAAL" was exceeded in an area of public access
1,000.00
III.C.7.a.
Final clearance procedures for asbestos abatement projects not followed
7,000.00
IILC.8.
Asbestos waste handling requirements were not met
15,000.00
Component A(ii) subtotal
$48,945.00
ADDITIONAL FACTORS
Additional Factors
Component A(ii)
Multiplier
Penalty
Project Size*
$ 48,945.00
1.00
$ 48,945.00
Proximity to the Public
0.25
$ 12,236.25
Cooperation
0.00
$ 0.00
Additional Factors Total
$ 61,181.25
Component A(ii) subtotal
$ 48,945.00
Component A(ii) Total
S 110,126.25
"The Division, based on information obtained from Mountain Haus representatives, has determined that the size of this project comprised
a minimum of 2,000 square feet in surface area.
(continued on next page)
•
CALCULATION OF PENALTY FOR:
John B. Shattuck, 4080 Chippewa Drive Boulder, CO 80303
Project Site: Mountain Haus at Vail, CO 81658
November 20, 1992
Payable in 90 days
SUMMARY OF COMPONENTS
Description of the Component
Component
Factor /Penalty
Seriousness of the Danger to the Public's Health (excluding duration)
A(i)
$ 6,000.00
Seriousness of the Danger to the Public's Health (including duration)
A(ii)
$ 110,126.25
Economic Benefit (EJ: ( 2,000 ft x $20/ft
$ 40,000.00
Willfulness factor
1.00
Willfulness* of the Violations = ((E, x Willfulness) + E,)
B
$ 80,000.00
Duration of the Violations (in days -- see page 10)
C
5
Prior Record of the Person Committing the Violation (No prior record)
D
1.0
Total Penalty Assessment = ( A(ii) X C X D) + A(i) + B
$ 636,631.25>
*The Division has determined that Mr. Shattuck's actions were "extremely willful."
* *The actual penalty amount, due to Colorado statutory limitation, is $125,000.00 (see pages 8 & 9).
H:\ .... .4%
COLORADO
DEPARTMENT
OFAHEALTH
BEFORE THE DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
STATE OF COLORADO
NOTICE OF VIOLATION
Certified Mail
P 784 024 977
December 11, 1991
----------------------------------------------------------- - - - - --
IN THE MATTER OF: The Mountain Haus at Vail
Units 563, 443, and 447
Vail, CO 81658
TO: Mr. John Shattuck, Owner
4080 Chippewa Drive
Boulder, CO 80303
Inspection Date: November 18, 1991
Inspector: Alan Saville
Site Inspected: Units 563, 443 and 447
Mountain Haus at Vail
Vail, CO 81658
FINDINGS OF FACT
On November 14, 1991, the Air Pollution Control Division (the
"Division ") received a third party complaint alleging that an
asbestos abatement project had been conducted in Units 443, 447,
and 563 of the Mountain Haus at Vail in violation of Air Quality
a primed on rcrycicdpaper
Telefax Numbers:
Main Building /Denver
(303) 322 -9076
4 210 East 11th Avenue
Ptarmigan Place /Denver
(303) 320 -1529
ROY ROMER
Denver, Colorado 80220 -3716
Governor
Phone (303) 320-8333
First National Bank Building /Denver
(303) 355.6559
Grand Junction Office
JOEL KOHN
(303) 248 -7198
Interim Executive Director
Pueblo Office
(719) 543.8441
BEFORE THE DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
STATE OF COLORADO
NOTICE OF VIOLATION
Certified Mail
P 784 024 977
December 11, 1991
----------------------------------------------------------- - - - - --
IN THE MATTER OF: The Mountain Haus at Vail
Units 563, 443, and 447
Vail, CO 81658
TO: Mr. John Shattuck, Owner
4080 Chippewa Drive
Boulder, CO 80303
Inspection Date: November 18, 1991
Inspector: Alan Saville
Site Inspected: Units 563, 443 and 447
Mountain Haus at Vail
Vail, CO 81658
FINDINGS OF FACT
On November 14, 1991, the Air Pollution Control Division (the
"Division ") received a third party complaint alleging that an
asbestos abatement project had been conducted in Units 443, 447,
and 563 of the Mountain Haus at Vail in violation of Air Quality
a primed on rcrycicdpaper
Mr. John Shattuck
December 11, 1991
page 2
Control Regulation No. 8 (The Control of Hazardous Air Pollutants),
5 CCR 1001 -10, and Part 5 of the Colorado Air Quality Control Act,
Paragraphs 25 -7 -101 to 806, C.R.S. Based on this complaint, and
other information contained in a report provided to the Division by
third parties, a copy of which is attached hereto and incorporated
herein by this reference, an inspection of Units 443, 447, and 563
of the Mountain Haus at Vail was conducted by Mr. Alan Saville, a
duly authorized representative of the Division, on November 18,
1991.
The inspection by Mr. Saville clearly evidenced that an asbestos
abatement project involving ceiling materials, and exceeding 32
square feet in surface area had been conducted in Units 443, 447
and 563 of the Mountain Haus at Vail. Debris from the abatement
project was still visible within the units during the inspection
and subsequent testing of the debris has confirmed that it is in
fact an asbestos containing material. Additionally, third party air
samples taken in the common areas located adjacent to units 443,
447, and 563 of the Mountain Haus at Vail exceeded the Maximum
Allowable Asbestos Level (the "MARL ").
The Division is unaware of any other asbestos abatement project or
asbestos spill which could have caused the exceedance of the MAAL
outside of Units 443, 447 and 563 of the Mountain Haus at Vail.
Furthermore, a review of Division records has produced no record
concerning an asbestos abatement project for Units 443, 447 and 563
of the Mountain Haus at Vail or Mr. John Shattuck, the owner of
said units.
Based on the November 18, 1991 inspection, the search of Division
records, and information provided to the Division by third parties,
including the aforementioned report, the Division has reason to
believe that Mr. John Shattuck, owner of Units 443, 447 and 563 of
the Mountain Haus at Vail, conducted an asbestos abatement project
in v lciat on ccf Air Quality Contr: 1 Regulat No. 8 and dart 5 of
the Colorado Air Quality control Act, as more specifically set
forth below.
CONCLUSIONS OF LAW
1) Regulation No. 8, paragraph II.A.1. and Section 25 -7 -504,
C.R.S.
Mr. John Shattuck conducted an asbestos abatement project
without first obtaining the necessary certifications from the
Division.
Mr. John Shattuck
December 11, 1991
page 3
2) Regulation No. 8, paragraph III.B.1.
Mr. John Shattuck conducted an asbestos abatement project
without first notifying the Division.
3) Regulation No. 8, paragraph III.C.1.
Mr. John Shattuck commenced an asbestos abatement project
without first securing a valid permit from the Division, in
violation of clause III.C.l.a.(i).
4) Regulation No. 8, paragraph III.C.2.
In conducting the asbestos abatement project Mr. John Shattuck
did not comply with the applicable asbestos abatement work
practices including those relating to containment barriers,
decontamination units, the cleaning of surfaces, HEPA
vacuuming, wet wiping, glovebags, airless sprayers,
manometer /pressure gauge /smoke tubes, wetting, disposal
containers, encapsulants, coveralls, enclosures, removing
facility components, removal of elevated friable asbestos, cold
temperature wetting, air cleaning, or waste load -out areas.
5) Regulation No. 8, paragraph III.C.7.
Because of the improper abatement procedures, the Maximum
Allowable Asbestos Level (MAAL) was exceeded in an area of
public access, in violation of subparagraph III.C.7.b.
6) Regulation No. 8, paragraph III.C.7.
Mr. John Shattuck did not follow the proper procedures
pertaining to final clearance requirements, in violation of
subparagraph III.C.7.a. The Division has not found any
information indicating that a final visual inspection or final
air - sampling was conducted by an independent firm after the
completion of this project.
7) Regulation No. 8, paragraph III.C.8.
In conducting the asbestos abate ent project, :1r. Joh: Shattuck
did not comply with the requirements concerning the packaging,
labeling, storage, transportation or disposal of asbestos
containing waste materials or disposal of asbestos containing
wastewater.
The Division has scheduled an informal conference regarding this
Notice of Violation. The conference has been scheduled for January
S, 1992 at the Air Pollution Control Division office located at
3773 Cherry Creek Drive North, 3rd Floor, West Tower, Denver,
Colorado at 9:30 a.m.
Mr. John Shattuck
December 11, 1991
page 4
At this conference you will be provided an opportunity to submit
your views with respect to the facts and the violations as asserted
herein. It is strongly urged that you bring all persons who were
involved in the asbestos removal project to the conference. The
Division may provide further opportunity for Mr. John Shattuck to
respond after the conference, if circumstances warrant.
The purpose of this conference is to determine: (1) whether or not
violations of AQCC Regulation No. 8 noticed herein did occur, and
(2) if the violations did occur, whether a penalty of up to
twenty -five thousand dollars per day of violation should be imposed
as provided in Section 25 -7- 511(4), C.R.S..
Should you fail to attend the conference, the Division will make
these determinations in your absence. Any penalty assessment made
by the Division may be appealed to the Air Quality Control
Commission pursuant to Section 25- 7- 511(3), C.R.S., provided a
request for such an appeal is filed within thirty days of the
issuance of the penalty assessment.
Issued at Denver, Colorado this 10th day of December, 1991.
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
COMPLIANCE MONITORING & ENFORCEMENT
Steve Fine Alan Saville
Industrial Hygienist Industrial Hygienist
cc: Bob Vick, EPA
Tim Monahan, Office of the Attorney General
Martha Rudolph, Office of the Attorney General
Howard Kenison, Esq.
Steve Schafer, Industrial Compliance
John Mouw, Mountain Haus
Eagle County Health Dept.
Mtn. Haus case file
FY'92 WP File /1.2.3.4.
sc: David Ouimette, CDH
(wp)b- 2 /novdraft.asc(5 -8)
!� -L W 2, �/
Telefax Numbers: f Q
Main Building /Denver
(303) 322 -9076
4210 East 11th Avenue 3) 3 20 -1529 ( Ptarmigan Place/Denver
303) ROY ROMER
3
Denver, Colorado 80220.3716 First National Bank Building /Denver Governor
Phone (303) 320 -8333 (303) 355 -6559
COLORADO
DEPARTMENT
OFAHEALTH
Grand Junction Office
(303) 248.7198
Pueblo Office
(719) 543.8441
JOEL KOHN
Interim Executive Director
CERTIFIED MAIL N0.
P 784 025 021
BEFORE THE DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
STATE OF COLORADO
CEASE AND DESIST
OEC 21991
Cola. [wt. of H004-th
Cxr.%Yw ,at. cou'4
IN THE MATTER OF: The Mountain Haus at Vail
Units 563, 443, and 447
Vail, CO
TO: Mr. John Shattuck, Owner
4080 Chippewa Drive
Boulder, CO 80303
On November 14, 1991 Mr. Steve Fine, Mr. Alan Saville, and Mr.
Robert Johannes, representatives of the Colorado Department of
Health, Air Pollution Control Division (Division), were contacted
by Mr. Howard Kenison, an attorney who represents the management of
the facility known as the Mountain Haus at Vail. Mr Kenison sent
the Division representatives (via fax) a copy of a report of
incidents alleged to have taken place at the Mountain Haus which
indicates that asbestos containing materials have been removed in
3 units of the condominium complex within the previous 2 weeks.
Shortly after receiving this report, a meeting was held with the
Division representatives, Mr. Kenison, Mr. John Mouw, Manager of
the Mountain Haus, and Mr. Steve Shafer, an Industrial Hygienist
who has been employed by the Mountain Haus to help manage asbestos
problems in this facility over the past year.
0 printed m recycled paper
CEASE AND DESIST
Mountain Haus at Vail
page 2
As a result of the information contained in the report, and further
information obtained during an inspection conducted on November 18,
1991 by Alan Saville of the Division, substantial evidence exists
indicating that asbestos containing materials have been illegally
removed and /or disturbed in unit Numbers 443, 447, and 563,
commencing sometime in the first week of November and ending
approximately 5 days later.
Such disturbance, removal and disposal of asbestos containing
materials is occurring or has recently occurred without complying
with sections 25 -7 -501, et seq., C.R.S. and Colorado Air Quality
Control Commission's Regulation No. 8, Part B entitled "Emission
Standards for Asbestos" (Regulation No. 8) . The provisions of
Regulation No. 8 that are alleged to have been violated are:
Section II, certification requirements; and Section III, project
requirements, including notification and permitting requirements,
asbestos abatement work practices, and the maximum allowable
asbestos level (MARL) in an area of "public access."
Pursuant to section 25 -7 -511 C.R.S., you are hereby ordered to
immediately cease all activities in connection with the
disturbance, removal, and disposal of asbestos containing materials
in the Mountain Haus building.
In order to prevent further asbestos contamination, you are further
ordered to immediately prevent all access to or from units 443,
447, and 563 and any internal connecting stairwells and hallways.
Access shall be prevented until you have received approval by the
Division stating that these areas are suitable for re- occupancy.
The Division is requiring that the following procedures be
implemented immediately to decontaminate the units referenced in
this order:
1) Hire a properly slate certified asbestos abatement
contractor to commence cleanup of the contaminated areas.
2) The contractor follow the procedures set forth in
Regulation No. 8, subparagraph III. C.5.b.- "Requirements for
Major Asbestos Spills in Non - school Buildings /Facilities"
(copy attached).
CEASE AND DESIST
Mountain Haus at Vail
page 3
3) At the conclusion of the decontamination procedures in
the condo units, all the affected surface areas
in the units shall be subjected to air testing clearance
procedures as specified in Section III.C.7.a of
Regulation No. 8. Final clearance air sampling shall be
conducted using TEM methods. The units shall not be
deemed suitable for re- occupancy until such time that
they have passed the TEM tests.
Failure to immediatelv comely with this Cease and Desist Order ma
result in the Division filing an action in District Court to compel
such compliance. The Division may also issue a Notice of Violation
and assess civil penalties at a rate of up to $25,000 per day as
Provided by section 25 -7 -511 C.R.S.
Should you have any questions regarding this matter please contact
Mr. Timothy Monahan, Assistant Attorney General, at (303) 620 -4730.
Issued at Denver, Colorado this 22nd day of November, 1991.
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
x./
Joh Leary, Acting Dire�cc
Ai ollution Control�Oivision
a Lk
David Ouime te, Chief
Compliance Monitoring
and Enforcement Section
cc: John Clouse, CDH
Bob Vick, EPA
Tim Monahan, Office of the Attorney General
Eagle County Health Department
Mountain Haus Case File
FY 1 91 WP File, 1.2.3.4
(wp)b- 2 /cease2(1 -3)
5. Asbestos Spill Response
The following procedures apply to any release of asbestos
fibers due to a breach of the containment barrier on an
abatement project, or due to any case other than abatement
of asbestos.
a. Non- mandatory Work Practices for Minor Fiber Release
Episodes in Non - school Buildings /Facilities. For fiber
releases in schools, see Section IV.
In the event of an asbestos spill involving less than
50 linear feet on pipes or 32 square feet on other
surfaces, the building owner or contractor should:
(i) Restrict entry to the area and post warning
signs to prevent entry to the area by persons
other than those necessary to respond to the
incident.
(i i ) Shut off or temporarily modify the air
handling system to prevent the distribution of
fibers to other areas in the building.
(iii) Seal all openings between the contaminated and
uncontaminated areas. This is to be
accomplished by using polyethylene sheeting to
cover all areas such as windows, doorways,
elevator openings, corridor entrances, drains,
grills, grates, diffusers and skylights.
(iv) HEPA vacuum or steam clean all carpets,
draperies, upholstery and other non - clothing
fabrics in the contaminated area, or discard
all contaminated materials in accordance with
paragraph III.C.8. (Handling Waste Material).
(v) Launder or discard contaminated clothing in
accordance with paragraph III.C.8. (Handling
Waste Material).
(vi) HEPA vacuum or wet clean all non - fabric
surfaces in the contaminated area.
(vii) Following completion of clauses (i) through
(vi) above, conduct air monitoring as
described in paragraph III.C.7. (Measuring
Asbestos Levels) except that air samples shall
not be collected aggressively as described in
40 CFR Part 763, Appendix A (EPA) (1987).
b Requirements .for. Major Asbestos Spills in Non - school
Buildings /Facilities
-8.113-
In the event of an asbestos sppill involving greater
than 50 linear feet on pipes or 32 square feet on other
surfaces, the building owner or contractor shall:
(i) Restrict access to the area and post warning
signs to prevent entry to the area by persons
other than those necessary to respond to the
incident.
(i i ) Shut off or temporarily modify the air
handling system to prevent the distribution of
asbestos fibers to other areas.
(iii) Immediately contact the Division by telephone,
submit a notification in compliance with
paragraph III.B.1. (Notices) and, if in an
area of public access, apply for a permit in
accordance with subsection III.C.,
(Requirements in Public Access Areas).
(iv) Using certified supervisors and trained
workers in accordance with Section II of this
Regulation, seal all openings between the
contaminated and uncontaminated areas. This
is to be accomplished using polyethylene
sheeting to cover areas such as doorways,
windows, elevator openings, corridor
entrances, grills, drains, grates, diffusers
and skylights.
(v) HEPA vacuum or steam clean all carpets,
drapes, upholstery, and other non - clothing
fabrics in the contaminated area, or discard
these materials.
(vi) Launder or discard contaminated clothing.
(vii) HEPA vacuum or wet clean all surfaces in the
contaminated area.
(viii) Discard al? materials in accordance with
paragraph III.C.8. (Handling Waste Material).
(ix) Following completion of clauses (i) through
(viii) above, comply with air monitoring
requirements as described in Subparagraph
III.C.7.a. (Clearing Abatement Projects)
except that air samples shall not be collected
aggressively as described in 40 CFR Part 763,
Appendix A (EPA)(1987).
(x) Comply with any other measures deemed
necessary by the Division to protect public
health.
- 8.114-
z p
H H
_
n m
-4
O
O K
z n
H
a:
n z
-� n
O D
O
Z r
-I C
n
H Z
O O
O m
Z m
H
�
n
H C�
O D
O
Z m
H
Z
n X
H D
O r
D
C7
m
O
: E
m
O
CC)
Z
D
m
Q
m m
() C)
C) D
r
O
m
0
m
(D w 00
O
Z
�
T m
T
n
K
T
n
K
z
zo
m
o
To
m
O
x
m
O
m
O
D
?
_
D
O
Z
t"
m*
Cp CD
CD '0 CD
3
m
*
K
m
�
K
m
*
G
c
m
::E
<
<!r v
tTi o Z T
<
m
H
p
m
z
z
-4
Z
m n n 0
a m m w
a
D
0 cn m
0
m
0
`
o
C
�0
o
`c
o
C]
y 0
m
ro
9
�
o
m
U)
m
WD
• m ° _ w o
m
H
Cn
m
cn
z
ti
x
O
Z
Z
L� < C)
a c. < C)
yron 0
O (D
D
D
V
D
r
r
D
�C
D
td
rd z U)
r o O
9
N
t
m
o
r
z D
o c
a
r
O
r
ro
t�
r
M
w
ZOO o� mm
N
m
-
T o
o
„
y
C
lrn
r
O
�,
C7
�
O
r
X)
�n�
9
�- O N
O oo CA �_
r
m
O
m
T
m
r O
o
O
7d
m
DC
DC
m
~
-
rn _. c o w
w
o
r
l
I
Z
n
o
a
r
G�
-
z m =
m
r� z n 3 w
o
z
��
w = -
N w �' w m
0
Z
0
rn
0
x
0
�'
0
z
z
o
�
D
m
w
>
H
. <
w Q
d o ti
: 3
D
r
r
r
c
y
O
O
�
'
CT1
(D a CL
3 m ?
ro
m
9
z
--
z
O
w
=
=
CL
R
lT1
Cn
Oo
7d
J`
n
ro
Z, "��ZT d
O
H
Z
4-
H
c
O
v
v
x
�
H
rn
;n
(D _�
0 �.. 7
0 z
7 w.
C/]
O
O
C7
z I 0 l 9
w
(n
m
m
m
n
C
m
m
n
D
00
Ui
7d
In
H
\
D cD 0
m C
G)
L7
z Z
D
D
z
z
m
D
2
�
Z
O
m
m
m
C
(� >>
X 0
'Z
'�
co
O I O C/]
'�
X
C
z
Z
O
n
m
ro
D
W
CrJ
()
trJ
CrJ
x
r3
c
-n
z 9
En nIZ
m
m
m
-
m
o
z
n
r
D
n
m
x
y
D
O
D
G
ZD N' m
mm 0 w a
Cmn
0
o
n m
K
i
v
o
u
T
m
y
r
r
17 0 � `� o. 0
z
G7
D I r 'x
- �
ON
m
J
K m Cp
r
n m
_ � O
D Z
n G�
D D
r
■■Mll
�.o m v
N O r
C C
z�
(D co
9 D Z
d O O
O Z
C7
H
C
CrJ
m
T
m
X
H
a g
� = 4
m
CD o I -
O +=
n
3 (7
O
Z
K
Q
0 C
3 n
(D
r�1
C]
O
D
m
L D
p
2
m 0<
:X)
0
x
z
2 O
m
m
m
(D w 00
O
Z
c
T m
OT
O n
r
2
m
b
u m C-) v
cD)
9< `r (D 3
Z cn
0
z
0
p
D
z
Z
t"
OD C m
O
Cp CD
CD '0 CD
y
r
cn
O
G
c
D
H
9
<!r v
tTi o Z T
C w m CT
ro'D
m
z
z
-4
Z
m n n 0
a m m w
m
0 cn m
m
°
�
� ` Z
�
0 w n
0 0 3 Z
33
K
y 0
m
�
o
v
U)
C7
u o O x
WD
• m ° _ w o
<
z
Z
L� < C)
a c. < C)
yron 0
O (D
z
m
�C
C7
rd z U)
r o O
C O a C C
o �. w cQ
m
o
z D
o c
a
O
O
ro
t�
9�' z z
c) ::E
ZOO o� mm
m
-
T o
o
„
mm
n 3w`D
�`
�,
0
�
�_
r
�n�
9
�- O N
O oo CA �_
O
T
m
r O
o
0
D
�H N' m
DC
DC
-
rn _. c o w
DC �z
o
I
n
o
a
r
G�
-
z m =
m
r� z n 3 w
o
z
��
w = -
N w �' w m
Z
rn
>
x
F a - <
cn
O C7 0 d
D
m
w
>
H
. <
w Q
d o ti
: 3
D
r
r
r
c
y
O
O
�
'
CT1
(D a CL
3 m ?
m
o
z
O
w
CL
°:�
Z, "��ZT d
H
Z
Z
Z ��
H
c
O
v
v
co
VALUATION
(D _�
0 �.. 7
0 z
7 w.
C/]
O
z
C7
z I 0 l 9
p
H
(n
m
m
m
n
C
m
m
n
D
r
m
co
\
D cD 0
m C
G)
L7
z Z
D
D
z
z
m
D
2
�
Z
O
m
m
m
C
(� >>
X 0
'Z
'�
co
O I O C/]
'�
X
C
z
Z
O
n
m
H=
D
W
�
O
O m 0
cn 3_
3
CrJ
x
r3
c
-n
z 9
En nIZ
m
m
m
-
m
o
z
n
r
D
n
m
x
y
D
O
D
G
ZD N' m
mm 0 w a
CD
0
o
n m
K
v
o
T
m
y
r
r
17 0 � `� o. 0
z
G7
D I r 'x
- �
m
.�
.. p
z -^ 7_
tr1
z
O
A I
m
a
zr
j w o
o
p
I
m
N
o
m
m
f, �
m
I
V 0 lac
I
0
0 �3 Q a?
O
I
O
z CL w m
cn
z
j y
�»
m
0
w -
r-7
ro
m
N
D - 0 cn a cD O
=
t
N
—
r
w
In
rn
1,0
In
0 0 7.
3
a
i
o
o
v,
o,
�
w
4--
o
m w w m w
( o��
w
0
o
0
O
0
o
0
CD
T O a(D -. O j
Cn
I ,
-P-
CD
CD
0
0
m I
m
CD N w n
C �
C O
�
I�
I
W
m as �
cn
N
4
cn 9v��
I I
C
n
T 7 (D PL
CT)
V
m
N
D Z
H 0
m m
rn n
O
t7 �
bO
G, m
N O
co
m
x
m
0
O
Z
L-
0
co
cn
m
ro
r
z
9
H
9
1 n
x
,r, m
d
•
;%
C)
O
O
C7 m
O
0
0 m
- z + (�
n z
O D
0
4
n co
O
n
O m
z m
n
O D
C')
O
-- M
n�
O �
D
-�
O
M
`
O
D
m
p r
m m
O
O
m
^
m
o m
Z
m
0
m
c�
a
��
C
000wx
Trn
f r o
O
z
Z
m
0
Z
m
m
z
m
z
m
z
m
0
*
m
c)
�Q
N CD 3 0
.
r
Z -1
Ly
O
0
O
CC
-
o
S,
Z
o
s
��
z
T �
Z
G7
D
z
D
y
r
y
>
I
z
rN
��
>
0
°
C:
C:
d -. `C 0
n 0
2
(A
z
v
' r< -
C U
\ z N
y
M
c
-• w Cn
m
m
p
10
.�
z>
o
>
z
O
z
O
z
O
\�
p
�fl
ZO
�_+
$
°
C
o
�wv_�
I
I<
z
oo;
W n -
m
n
pp
D
Z
N
'
°w�
Iz
a
Cn
m
N
1
7 )
(
vi
m
-
-
a = w
o
o
C
��'
m
�J
000
Km(A
mM
n n r
D Z
C) D G7
r
to
T u
or
Z c
p C�
D Z
a 0O
z
1
Y
(
M
O (
n
m r
� r
� i
a�
goA
..
8 s:
3
0
C
Z
w CL M CD
v a0 °aw
v
m
m v m to
o m
Z
m
0
m
c�
a
��
C
000wx
Trn
f r o
O
z
Z
a
m
r
i
�
a
m
c)
N CD 3 0
.
Ly
0
CC
_
s
C
T �
CD (D
w _cD
z
D
O
O
>
I
z
>
0
°
C:
w CL M CD
v a0 °aw
v
m
Z
z
vi
m
c�
a
��
C
000wx
a
�
a
c)
�_
CD Q
I
I
z
O 5
C:
C:
d -. `C 0
n 0
2
(A
z
v
\ z N
y
0
0
c
-• w Cn
m
p
z>
o
>
° i
m m
m
�_+
$
°
o
�wv_�
I<
oo;
W n -
m
n
pp
D
Z
N
'
°w�
Iz
a
Cn
m
N
1
(
vi
m
-
-
a = w
o
o
C
��'
m
as
ao w
>
1,
V
CD a a CD
r-
m
M
2
=0v -0
6
a ° w w
� O- 0 Q - 0
N
r
Co I
O O
O w w
z
-
�I
0
Q
N
r7
m
m
-
VALUATION
r
mm
r
r
r
C
r
T
CA
0
m
0
C
m
o
Oa
m
O -.
Cl)
�I
-nI
m
v
om
-{
0
0
D
��i
zo
M,n
J
0wa =3m a
IN
-
�I
?
F.
m
0
C)
a 0
rn =
Z
a
r,
--I
m
!'
m
?a) :3
o
0
A
I
I
N
o
o
m
(D = w
a = <.2
o
n
-�
I
m
'�
O
C
f
,, -Ia
L ° a
(
I
z
m CL. CD
(
I
N
S
EIS
;
T
O
O
H
z
>
lii 1 CD -
a o
I
�.
ry
�,
m
O
pa
°�.�,
w
^
I
o
0
Q °w�w
0
`.
1
r)
O
� vi =
�
t
DO
ml
=
1 =
m
C
N
a a-.•a
0 y CA CD
m
�i . CD
R
I
z
C
n R
C
e
C
-t
r
3
C
0
n
7
n
c
c
C
0
0
n
CASABONNE ENTERPRISES
P.O.BOX cl-'tl
A%.- COLORA'DO 3 6 3 16,20
i J
CTZIT 9 z
CL
TO: Town of Vail M p r i 1 1 4, 1 Q- ID2
Departs - rent of Cot Development
RE Appl ication f ar construction permit f or i rnprovements at V n
')Q'. Eact tIeadow Drive, "ail, Colorado.
Haut. 0 563
'Scope of Project:
1. Removal of as containing drywall material from unit ss 5
-1 4 7 —and 44 -7
- arning damaged bq a-bes rerno
tos v al.
2. Replace metal fr Z) -n C,
3. New wirinq to code.
4. New druwdli at teXtUre through out.
5. N doors:, casinqs base.
G. New kitchen cabinets and appliances.
Replace plumbinq fiXtures. in three bathrooms.
U. No Structural chanqes.
9. No layout chanqez..
10. ':3 U b S t a 1 n t i a I c. o m p I e t i o n J u Iq 1 '� Q-22
In
75 south frontage road
vail, colorado 81657
(303) 479 -2138 or 479 -2139
office of community development
TO: ALL CONTRACTORS CURRENTLYL REGISTERED WITH THE
TOWN OF VAIL
FROM: TOWN OF VAIL PUBLIC WORKS /COMMUNITY DEVELOPMENT
DATE: MARCH 16, 1988
SUBJECT: CONSTRUCTION PARKING & MATERIAL STORAGE
In summary, Ordinance No. 6 states that it is unlawful for any
person to litter, track or deposit any soil, rock, sand, debris
or material, including trash dumpsters, portable toilets and
workmen vehicles upon any street, sidewalk, alley or public
place or any portion thereof. The right -of -way on all Town of
Vail streets and roads is approximately 5 ft. off pavement.
This ordinance will be strictly enforced by the Town of Vail
Public Works Department. Persons found violating this ordinance
will be given a 24 hour written notice to remove said material.
In the event the person so notified does not comply with the
notice within the 24 hour time specified, the Public Works
Department will remove said material at the expense of person
notified. The provisions of this ordinance shall not be
applicable to construction, maintenance or repair projects of
any street or alley or any utilities in the right -a -way.
To review Ordinance No. 6 in full, please stop by the Town of
Vail Building Department to obtain a copy. Thank you for your
cooperation on this matter.
R ad and acknowledged by:
G cjorz�L CVs. —) 4'Ac\ V dZ
Position /Relationship to Project (i.e. contractor, owner)
4- 11-1
Date
T
i
t
S
i
S
�q
w
KITZ,W FN
.,T, 3 /i
� !I
Plan Review Based on
the 1992 Uniform Codes
NAME: MOUNTAIN HAUS #563
ADDRESS: 292 E. MEADOW DR.
VAIL, COLORADO
OCCUPANCY: R -1
TYPE OF CONSTRUCTION: 11FR
DATE: 4 -17 -92
CONTRACTOR: CASABONNE ENT.
ARCHITECT: NONE
ENGINEER: NONE
PLANS EXAMINER: DAN STANEK
CORRECTIONS REQUIRED
The items listed below are not intended to be a complete listing
of all possible code requirements in the adopted codes. It is a
guide to selected sections of the codes. The following is not to
be construed to be an approval of any violation of any of the pro-
visions of the adopted codes or any ordinance of the Town of Vail.
1. FIRE DEPARTMENT INSPECTION REQUIRED BEFORED ANY WORK CAN BE
STARTED.
2. SMOKE DETECTORS REQUIRED IN ALL BEDROOMS AND HALLS AS PER
SEC.1210 1991 UBC.
3. ASBESTOS REMOVAL REQUIRED AND APPROVED BEFORE ANY WORK CAN BE
STARTED.
4. ALL PENETRATIONS IN FLOORS, CEILINGS, AND WALLS TO BE FILLED
WITH APPROVED FIRE STOP MATERIAL.
Aq
hN
1746 Cole Blvd., Bldg. 21 #300
August 5, 1992
Mr. Gary Murrain
Chief Building Officer
Town of Vail
75 S. Frontage Road
Vail, CO 81657
RE: Unit 563- Mountain Haus
Dear Mr. Murrain:
Project No. 3 -3958
As per our conversation last week, please find enclosed a copy of the final air sampling
results for Unit 563. If you should have any further questions regarding the abatement that
occurred in the unit this spring, please feel free to contact me. .
Sincerely,
INDUSTRIAL �CCOMPLIANCE
Tripp Collins
Project Coordinator
FWC /tbm
Industrial Com lil e
p
Golden, CO 80401 3031277 -1400 FAX 3031277 -1405
Dedicated to solving your environmental problems.
A Subsidiary of SP Environmental Systems, Inc.
m
18000 W. Highway 72 ANALYTICA (303) 420-4449
Golden, CO 80403 S C). L- Ll Ir 1 C3 N S (800) 873-8707
U.S.A. FAX: (303) 420-1434
RESULTS OF FIBER COUNTING ANALYSES BY
PHASE CONTRAST MICROSCOPY (PCM)
CLIENT: S r = LGN:
PROJECT IDENTIFICATION: PAGE OF
SAMPLE DESCRIPTION:
Sample Sample
Number Date Location/Description
tw K 0 '-
I I I I F C",- ., rr
RESULTS OF PCM ANALYSIS:
Sample Air Volume
Number Liters
ri f
V
AI L ,
Particulate
Loading
L
L
L
L
L
Z- C "/
Analyst:
Blank
Fibers/Fields Fibers/Fields Fibers/cc Air
Date: '/ — ? 7 e' '
, i
PERMIT NUMBER OF PROJECT
DATE \� ` JOB NAME
READY FOR INSPECTION:
MON TUES WED THUR FRI AM PM
LOCATION:
BUILDING:
PLUMBING:
❑ FOOTINGS / STEEL
❑ UNDERGROUND
❑ FOUNDATION / STEEL
❑ ROUGH / D.W.V.
❑ FRAMING
❑ ROUGH / WATER
ROOF & SHEER
❑ GAS PIPING
PLYWOOD NAILING
❑ INSULATION
❑ POOL / H. TUB
❑ SHEETROCK NAIL
❑
❑
❑
❑ FINAL
❑ FINAL
ELECTRICAL:
MECHANICAL:
• TEMP. POWER
❑ HEATING
• ROUGH
❑ EXHAUST HOODS
• CONDUIT
❑ SUPPLY AIR
❑
❑
NAL
❑ FINAL
APPROVED c
❑ DISAPPROVED ❑ REINSPECTION REQUIRED
CORRECTIONS:
DATE �~ �� �°� INSPECTOR
PM&Ca
INSPECTION REQUEST
TOWN OF VAIL
INSPECTION REQUEST
PERMIT NUMBER OF PROJECT
OF VAIL
DATE ' ~ JOB NAME
CALLER
READY FOR INSPECTION: MON TUES WED THU R (FRI, AM
LOCATION:
BUILDING:
O FOOTINGS /STEEL -
• FOUNDATION /STEEL
OFRAM|NG
O ROOF &SHEER
PLYWOOD NAILING -
O|NSULAT|ON
OSHEETROCK NAIL--
O
FINAL
ELECTRICAL:
• TEMP. POWER
OROUGH
OCONOU|T
Fl
�
O FINAL
' `�
�J\PPROVED O DISAPPROVED ORE|NSPECT|0NREQUIRED
CO C O S
DATE INSPECTOR
PLUMBING:
OUNOERGROUND
O ROUGH /D.VV.V.
O ROUGH /WATER
O GAS PIPING __-
O POOL/ H.TUB -
O
U
El FINAL
MECHANICAL:
• HEAT|NG_______
OEXHAUST HOODS
• SUPPLY AIR
Fl
O FINAL
Pmaiop
FINAL INSPECTION'S COMPLETED
The items below need to be complete before
giving a permit a final C of 0.
Please check off in the box provided.
FINAL PLUMBING
DATE:
FINAL MECHANICAL
DATE:
I
IMPROVEMENT SURVEY
i
RESID. NAME:
DATE:
FINAL ELECTRICAL
FINAL BUILDING
EAST SIDE: WEST SIDE:
FILE NAME \JL - ��\ \ �V \�� �� / \
2
DATE:
TEMPORARY C
1
OF 0
DATE:
CERTIFICATE
OF OCCUPANCY
DATE:
LANDSCAPING DUE
DATE:
FILE NAME \JL - ��\ \ �V \�� �� / \
2