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To protect, conserve and enhance the quality of Wyoming's
environment for the benefit of current and future generations.
Department of Environmental Quality
Dave Freudenthal, Governor
John Corra, Director
January 31,2008
êØO:242
Mr. Douglas Shope
Deputy Director
Wyoming Military Department
5500 Bishop Blvd.
Cheyenne, WY 82009-3320
CERTIFIED #7005 18200005 1478 1492
RETURN RECEIPT REQUESTED
RECEIVED 6/16/2008 at 12:01 PM
RECEIVING # 939796
BOOK: 691 PAGE: 242
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER, WY
Certificate of Completion and Covenant Not to Sue, Afton Army National Guard Armory, (See
31, Township 32 North, Range 118 West, Lincoln County, Wyoming)
RE:
Dear Mr. Shope:
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The Wyoming Department of Environmental Quality (DEQ) has reviewed your request for a
Certificate of Completion and Covenant Not to Sue (CaC/Covenant) for the Afton Army National Guard
Armory, located at 350 East 6th Avenue in Afton, Lincoln County, WY. This site is located in Sec 31,
Township 32 North, Range 118 West, Big Horn County, Wyoming. The DEQ has determined that this
site meets the requirements for a CaC/Covenant for completing the lead abatement at this facility as
agreed to in the Remedy Agreement (RA). Upon completion of the abatement, the initial clearance
standards of 250 ug/ft2 oflead for structural steel located more than 10 feet above the floor and 40 Ug/ft2
of lead for all other surfaces were met. Any remaining lead contamination was then encapsulated with
latex based paint. These initial clearance standards only served as standards until the issuance of this
CaC/Covenant.
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As stated in the Remedy Agreement finalized on November 18, 2005, after the initial cleanup, the
Volunteer will employ an aperations and Maintenance Program, as specified in Section 12 of the RA, to
ensure that the encapsulating materials are not disturbed.
A Certificate of Completion is defined in W.S. 35-ll-l03(g)(ii), as "a certification issued by the
director (ofDEQ] stating that remediation requirements for a site have been successfully implemented or
satisfied." DEQ has determined that, at this time, remediation requirements necessary to protect human
health and the environment for surficial lead contamination have been successfully implemented or
satisfied for your site.
Further, the DEQ hereby Covenants Not to Sue the Wyoming Military Department to compel
them to perform additional investigation and remedial activities on the property for the releases of
pollutants identified in the RA. The DEQ currently has no plans to further evaluate the armory or to
impose additional remediation requirements.
This CaC/Covenant does not apply to pollutants other than surficial lead contamination or to
releases of any pollutants that occurred after the date of the clearance sampling (April 2, 2006). The
historical uses and current environmental conditions present at the property, with respect to this
CaCICovenant, are based on all information submitted prior to and with the Afton - Army National
Guard Armory Remedy Implementation Report finalized by the WMD on December 16, 2006.
Herschler Building . 122 West 25th Street· Cheyenne, WY 82002 . http://deq.state.wy.us
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ, WASTE WATER QUALITY
(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
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As provided for in W.S. 35-11-1610, the DEQ may reopen or terminate this CaC/Covenant under
a nurfiber of circumstances. These circumstances include disçove.ry of contamination that was not known
to the DEQ on April 2, 2006, or if new information becomes available that indicates that there is a release
Qf contaminants that may pose a threat to human health or the environment at your site. The PEQ also
may reopen this cac /Covenant if information contained in your request is invalid or is inaccurate, or
was based on fraud, material misrepresentation or failure to disclose material information.
This CaC/Covenant does not limit the DEQ's ability to undertake enforcement actions related to
complaints under Article 7 of the EQA (see W.S. 35-11-701, et. seq.), or to impose penalties for
violations of the EQA under Article 9 (see W.S. 35-11-901 et. seq.). It does not limit the DEQ's authority
to order any person to abate any condition that poses an imminent or substantial endangerment to human
health or the environment, or to issue emergency orders under W.S. 35-11-115. It does not relieve you
from any applicable environmental permitting requirements.
Under W.S. 35-11-16070), the Wyoming Military Department must record a copy ofthis
CaC/Covenant with the deed for your site. You must make this recording through the office of the
county clerk for the county in which your site is located within ten (10) days of receipt of this certificate.
The DEQ shall be notified in writing that this CaCICovenant was recorded with the county clerk no later
than five (5) business days after submittal.
Thank you very much for your interest in cleanup of contaminated sites in Wyoming. If you have
any questions about this CaC/Covenant, please contact Ben Way at (307)777-6186.
Sincerely,
February 4, 2008
Date
The foregoi g instrument was acknowledged before me on this /4th day of February ,20 08.
Witness my hand and official seal. ~ .4" J...e~¿?- ~ ~
(Notary Public or Secretary if a Corporation)
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Deanna K. Hill
(Name Printed or typed)
My Commission Expires:
9.07.2011
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January 31, 2008
VRP Site 58.044
CaC/Covenant-Afton Army National Guard Armory
Page 3 of3
By:
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Date
The foregoing instrument was acknowledged before me on this4thday of February
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Witness my hand and official seal. ,,/ / ,
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cc: Carl Anderson
Benjamin Way
File 58.044
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Deanna K. Hill
(Name Printed or typed)
My Commission Expires:
9.07.2011