Lincoln Park/Cotter Mill Superfund site cleanup update

Lincoln Park/Cotter Mill superfund site via The Denver Post

From The Canoñ City Daily Record (Sara Knuth):

The Denver-based Colorado Legacy Land, which has been in negotiations with Cotter since July, received a conditional approval from the Colorado Department of Public Health and Environment on Nov. 8 to take over the defunct uranium mill’s radioactive materials license.

But the company still has a few more obstacles to cross before the deal is final.

During a Community Advisory Group meeting Thursday, Paul Newman of Colorado Legacy Land said the company is waiting for approvals from the state.

Colorado Legacy Land, which is part of environmental cleanup companies Legacy Land Stewardship and Alexco, also is seeking to take over Cotter’s

Schwartzwalder Mine via Division of Reclamation and MIning
Mine near Golden. The project, included in the same transaction as the Cañon City site, still needs a mine permit transfer from the Colorado Division of Reclamation, Mining and Safety.

“The DRMS is taking a bit more time in their evaluation and approval of that transfer,” Newman said. “Hopefully, we can get that resolved and that one transferred here shortly.”

The company also met with the Colorado Attorney General’s Office and Environmental Protection Agency attorneys to get assigned an administrative order on consent. That process also is still pending.

But if all goes according to plan, Newman said, Colorado Legacy Land hopes to close the deal by the middle of December. From there, the company would “come in where Cotter left off,” Newman said. “So, we have the whole clean-up process in front of us.”

The first major step toward cleanup, he said, would be working through a remedial investigation, a deep look into how far the contamination goes.

Cotter, which opened the Cañon City site in 1958 to process uranium for weapons and fuel, was found in the 1980s to have contaminated nearby wells. It was placed on the U.S. list of Superfund sites, putting Cotter in charge of cleanup efforts. In 2011, Cotter decided to put a halt to uranium production altogether.

Newman, the executive vice president of Legacy Land Stewardship, said Cotter approached Alexco — a company that has been working on the Schwartzwalder Mine for four years — to step in. Colorado Legacy Land was formed by Alexco and Legacy Land Stewardship specifically to take over the cleanup process.

If the state approves the final requirements, the company will own the land. Additionally, Newman said, Colorado Legacy Land is planning to open offices in Cañon City.

As part of requirements outlined in the CDPHE’s conditional license approval, Colorado Legacy Land will need to inform the department of the closing date in writing.

@EPA and the State of Colorado release plans to protect water quality, enable land reuse at the Eagle Mine Superfund Site

Eagle Mine

Here’s the release from the Environmental Protection Agency (Richard Mylott):

Actions build upon prior cleanup efforts

The U.S. Environmental Protection Agency (EPA) and the Colorado Department of Public Health and Environment (CDPHE) have released two final Records of Decision for environmental remediation at the Eagle Mine Superfund Site in Eagle County, Colorado, following the consideration of input received through a public comment process. Both documents, specifying measures to protect water quality and facilitate site reuse, focus on further reducing exposure to heavy metal contamination created by nearly one-hundred years of mining activity at the site.

“These actions reflect both EPA’s and CDPHE’s commitment to efficiently evaluate conditions and protect human health and the environment at the Eagle Mine Superfund Site,” said EPA Assistant Regional Administrator Betsy Smidinger. “Together, we are strengthening the water quality improvements we have achieved in the Eagle River and providing opportunities to bring lands back into safe, productive reuse. EPA remains committed to improving environmental conditions and human health for Americans that live and work near Superfund sites.”

The amended Record of Decision finalized for Operable Unit 1 (OU1) at the Eagle Mine Superfund Site adopts site-specific arsenic remedial goals and modifies surface water cleanup levels for cadmium, copper and zinc to meet more recent standards established for the site by the Colorado Water Quality Control Commission in 2008. Water quality monitoring in the Eagle River indicates that these standards for cadmium, copper and zinc are not attained in March and April of most years. The OU1 Record of Decision requires institutional controls to protect existing remedial features and expands the current groundwater collection system in Belden and at the mouth of Rock Creek to further reduce metals loading to the Eagle River.

EPA and CDPHE have also finalized a separate Record of Decision for Operable Unit 3 (OU3) focused on soil remediation necessary to protect human health should future residential development occur. EPA created OU3 after a developer purchased a large portion of the Eagle Mine Superfund Site in 2004 with plans to develop the property into a private, residential community. The Record of Decision for OU3 includes a combination of the following elements for areas proposed for development: excavating soil; placing a soil exposure barrier; grading the site; placing institutional controls and conducting monitoring; and/or demolishing structures.

The Eagle Mine Superfund Site is located in Eagle County, Colorado. The site is defined as the area impacted by past mining activity along and including the Eagle River between the towns of Red Cliff and Minturn. Mining activities at the Eagle Mine began in 1879 and continued until 1984. EPA listed the site on the National Priorities List (NPL), commonly known as the list of Superfund Sites, in 1986 because of the mine metals discharge, uncontrolled mine waste piles and the close proximity of the population to the mine and associated features. To better manage the site, EPA divided it into operable units.

EPA and CDPHE issued a final Record of Decision for the Eagle Mine Superfund Site in 1993. Over the years, all required environmental cleanup work has occurred at the site under a number of state and federal directives. EPA declared all cleanup construction activities complete at the site in 2001. Remediation conducted to-date has resulted in significant improvement in water quality and reduction in risk to human health and the environment. Continued operation of the existing remedy, including drawdown from the mine pool and treatment at the water treatment plant, is required to maintain this condition. Contaminant concentrations in surface water and groundwater have decreased significantly, and the aquatic ecosystem continues to show signs of recovery.

For more information about the Eagle Mine Superfund Site, please contact: Ms. Wendy Naugle, On-Site Coordinator, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, Wendy.naugle@co.state.co.us, or Ms. Jamie Miller, Project Manager, U.S. Environmental Protection Agency, 1595 Wynkoop Street, Denver, CO 80202, miller.jamie@epa.gov

You can also visit one of the following Websites: https://www.colorado.gov/pacific/cdphe/eagle-mine, https://www.epa.gov/superfund/eagle-mine

Peru Basin acid mine drainage cleanup update

Jumbo Mine Cabin in-front of Adit September 25, 2017. Photo credit Environmental Protection Agency.

From the Environmental Protection Agency via Summit County (Brian Lorch):

The U.S. Environmental Protection Agency (EPA) is taking immediate action to perform mine cleanup activities at the Jumbo Mine in Summit County’s Peru Creek Basin, approximately seven miles east of Keystone Resort.

The Jumbo Mine, which produced gold, copper, lead and silver, operated from 1915 to 1918. Historic mine operations also generated significant volumes of waste rock and tailings piles. Inactive and abandoned for a century, the mine site was identified in the early 1990s by EPA and the Colorado Department of Public Health & Environment (CDPHE), as well as in the Snake River Watershed Plan, as a significant point-source contributor of metal-contaminated flows into Peru Creek and the downstream Snake River.

Historic hard-rock mining in the Peru Creek Basin left a legacy of contaminated and abandoned mine sites, whose acid mine drainage significantly degrades water quality. Much has been done to study the problems in the Snake River watershed, beginning in the early 1970s. Most studies have focused on the Peru Creek drainage, which is home to the Pennsylvania Mine, the largest, longest-operating mine in the watershed. In coordination with Summit County and the Colorado Division of Reclamation, Mining and Safety (DRMS), EPA completed cleanup actions at the Pennsylvania Mine in 2016.

The Jumbo Mine is another high-priority abandoned mine site in the Peru Creek Basin identified by the Snake River Watershed Coalition as a remediation project site capable of significantly improving water quality in the Snake River watershed.

Summit County purchased the land surrounding the abandoned Jumbo Mine in early 2016 for public open space. A restrictive covenant placed on the adjacent property containing the abandoned mine site allows for EPA’s cleanup actions to occur, but also limits the County’s liability for the existing environmental issues and associated cleanup actions.

“We had been looking to acquire this piece of property for a long time, recognizing that it has many open space values,” said Brian Lorch, Summit County Open Space and Trails director. “But before we could take steps to purchase the property, we needed to ensure that it could be cleaned up in an economical manner.”

EPA is implementing the cleanup work as a time-critical removal action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Last week, the agency began the work, which it plans to complete in about three weeks.

Cleanup activities involve diverting water draining from a mine adit around or over adjacent tailings piles in a limestone and membrane-lined ditch. According to EPA studies, water quality of the adit drainage degrades as it crosses the mine tailings, contributing high levels of suspended and dissolved lead, zinc and other metals into the stream. Diverting drainage around the tailings into a lined ditch should greatly improve water quality.

“The overall approach will help reduce the discharge of metals into Peru Creek,” Lorch said. “A passive treatment approach at the Jumbo Mine site is quite similar to numerous mine cleanups performed elsewhere by the County.”

Since 2001, Summit County has worked with EPA to identify and prioritize mine sites in need of cleanup in the Peru Creek Basin. The County’s proactive coordination with EPA facilitated recent cleanup efforts at the Pennsylvania Mine and numerous other sites in the area.

“We are really happy and grateful to see EPA continue its mine cleanup efforts in the Peru Creek Basin,” Summit County Commissioner Karn Stiegelmeier said. “The Summit County community is very supportive of our efforts to clean up abandoned mine sites on County property, voting in 2015 for a mill levy that provides funding for cleaning up mine-impacted sites.”

Jumbo Mine looking up at channel liner installation from lower middle section of waste rock pile. Photo credit Environmental Protection Agency.

The latest “The Current” newsletter is hot off the presses from the Eagle River Watershed Council

Eagle Mine

Click here to read the newsletter. Here’s an excerpt:

New Developments on the Horizon for the Eagle Mine

Long-time residents of the Eagle Valley remember a time nearly 30 years ago when the Eagle River ran orange. Linda Jones, who worked at Battle Mountain High School, would pass by the river and its orange-stained rocks on her way to work, football games, and ski practices. Joe Macy and his colleagues at Vail Resorts (then Vail Associates) dealt with blowing orange snow on Beaver Creek’s ski slopes in the winter of 1989-90, as their snowmaking process pulls water straight from the Eagle. Those who weren’t around in the eighties might not realize that the scene at the Eagle River was not unlike the 2015 Gold King Mine spill on the Animas River. The leaching of hazardous heavy metals into the lifeblood of the Eagle Valley eventually caused the mining area to be declared a Superfund Site by the U.S. Environmental Protection Agency in 1986.

Gold and silver mining activity in the 235-acre area dates back to the 1870s, until lead and zinc mining took over in 1905. Ownership of the operation changed hands multiple times, until 1984, when the mine operator, Glenn Miller, went into bankruptcy and failed to pay the electricity bills. Without electricity, the water pumps in the mine stopped running and the mine workings began to flood. For the next five years, the water level in the mine continued to creep higher, until finally spilling over and flooding the river with lead, cadmium, copper, arsenic and zinc. Water quality began suffering long before the spill, however, as up until the Clean Water Act of 1972 was enacted, discharging contaminated water into the river was a perfectly legal and common practice.

The State of Colorado and the EPA both filed separate lawsuits against the former and current mine operators resulting in the cleanup being governed by two settlement agreements. Today, the site is owned by Battle Mountain, but the successor of Gulf + Western—CBS Corporation—is still paying for the cleanup and will continue to in perpetuity.

Over the past three decades, multiple agencies and partners have worked together to remediate, monitor, and improve the cleanup and the Eagle River. In many ways, the Superfund Site is an example of a very successful remediation in Colorado. Ore was originally processed through roasting and magnetic separation, resulting in metals-laden roaster waste. The tailings from the milling process also contained high concentrations of metals and were slurried through a pipeline away from the mine area. The deposited waste led to acid mine drainage. To date, all of the roaster waste and tailings that threatened human health and water quality have been consolidated from the old tailings pile, capped with a protective cover and revegetated to prevent any further groundwater contamination. Contaminated groundwater is currently treated at a water treatment facility before entering the river. Institutional controls and monitoring were established around the waste rock piles to determine acid generation potential and the water quality impact from runoff. The EPA also created secondary cribbing walls beneath Belden as a safeguard from waste rock crumbling into the Eagle.

Though extensive remediation has occurred on site, the primary remaining concern is water quality and the ecological risks to fish and the tiny aquatic insects they feed on. The Eagle River is currently being managed as a brown trout fishery under Colorado Parks and Wildlife. In 2008, the Colorado Water Quality Control Commission set new standards for cadmium, copper, zinc, and arsenic levels. The change in standards required a new “feasibility study,” a Superfund process for the development and evaluation of new plans for cleanup. Today, the need for further cleanup is clear as the metal levels tend to exceed limits in March and April, as the snow is melting at the Eagle Mine site but the river hasn’t hit peak flow yet.

It’s important to note while arsenic levels peak in the spring, they are still well below limits for safe consumption of fish. The highest arsenic level is about .31 micrograms per liter (ug/L), while the Colorado Department of Public Health and Environment sets the standard for safe fish consumption at 7.6 ug/L, and under the Safe Drinking Water Act the limit is 10 ug/L. At a recent panel discussion of the Eagle Mine, both project managers from the EPA and CDPHE said they would let their kids and pets play in the river, and eat a fish from it as well.

The EPA broke the site into three manageable operable units (OUs): OU1 deals with site-wide water quality; OU2 is concerned with human health, primarily in the town of Gilman; and OU3 encompasses the North Property Redevelopment, or the Battle Mountain Project. The EPA and CDPHE have recently released Proposed Plans for Operable Units 1 and 3, which can be found online here and here or at the Minturn Town Hall. These new plans outline different alternatives for future remediation of the Superfund Site, to both bring metal concentrations into compliance in the spring as well as address land use changes in the future. Public comments on the plans will be accepted until September 10th of this year and can be submitted by email or mail—the addresses for each can be found within the plans. As these Plans are the first step in determining the next actions in the ongoing cleanup of the Superfund site, the Watershed Council encourages the community to read the plans and provide comments.

Lizzie Schoder is the Education and Outreach Coordinator for Eagle River Watershed Council. The Watershed Council has a mission to advocate for the health and conservation of the Upper Colorado and Eagle River basins through research, education, and projects. Contact the Watershed Council at (970) 827-5406 or visit

@EagleWatershed: History & Future of the Eagle Mine Panel Discussion on August 1st!

Click here for all the inside skinny:

History & Future of the Eagle Mine Panel Discussion on August 1st!

Don’t miss out on our panel discussion with Vail Symposium!

This panel will explore the history of the Eagle Mine and the collaborative cleanup efforts of the past two decades. The discussion will highlight the business, operational and regulatory perspectives, as well as those of our local community.

August 1st | 6:30 PM | Edwards Interfaith Chapel, Edwards

Buy your tickets here.

This discussion will be moderated by Larissa Read, president of the board of directors for Eagle River Watershed Council and owner of Common Ground Environmental Consulting.

Jamie Miller is a remedial project manager with the U.S. Environmental Protection Agency. She has a B.S. in Environmental Science, with a focus on Planning and Administration. She began her career in the environmental field with a private consulting firm and spent six years working with the EPA as a contractor on the Superfund Technical Assessment and Response Team contract, providing technical assistance to the EPA Emergency Response and Removal Program.

Wendy Naugle, P.E. is an engineer and groundwater hydrologist in the Superfund/Brownfields Unit at the Colorado Department of Public Health and Environment and has been working on the Eagle Mine cleanup for the past 18 years. Naugle holds a Bachelor’s degree in Geology from The Colorado College and a Master’s degree in Geological Engineering from the Colorado School of Mines.

John Widerman is a member of the Minturn Town Council. He has lived in the Eagle Valley for nine years and in Minturn for six of those years. He is a local environmental steward, a Colorado Mountain College Alum and an employee of Eagle County Schools.

US Supreme Court declines to hear #GoldKingMine lawsuit, #NM v. #Colorado

This image was taken during the peak outflow from the Gold King Mine spill at 10:57 a.m. Aug. 5. The waste-rock dump can be seen eroding on the right. Federal investigators placed blame for the blowout squarely on engineering errors made by the Environmental Protection Agency’s-contracted company in a 132-page report released Thursday [October 22, 2015]

From The Naitional Law Review:

On June 26, the US Supreme Court denied New Mexico’s petition seeking to institute an original action against Colorado for the 2015 Gold King Mine spill. An original action in the US Supreme Court is a lawsuit between states. Invoking that rarely used procedure, New Mexico sought to hold Colorado liable for the Gold King Mine spill. New Mexico asserted claims under the intricate provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Resource Conservation and Recovery Act of 1976 (RCRA). New Mexico also sought analogous relief against Colorado under federal interstate common law.

Attorneys assisting the State of Colorado, successfully argued that the US Supreme Court should not entertain New Mexico’s novel lawsuit. As explained in Colorado’s briefing, New Mexico’s RCRA claim failed because a CERCLA response action had been initiated to address the relevant hazardous substance release. New Mexico’s CERCLA claim failed, Colorado argued, for a number of reasons, including that once a site is under investigation under CERCLA authority, several of New Mexico’s claims are barred because they would interfere with the CERCLA investigation and remedy decision making. Colorado additionally argued that Congress displaced New Mexico’s putative federal common law claims through its enactment of comprehensive environmental statutes, most importantly the Clean Water Act, but also CERCLA and RCRA. Finally, Colorado’s briefing also explained that Colorado should not be held liable for its regulatory activities in remediating and managing abandoned mines…

Colorado’s victory at the US Supreme Court protects Congress’s carefully constructed statutory scheme for the effective management and remediation of water pollution across the country. It also protects Colorado’s sovereign ability to remediate abandoned mines.

On April 7, 2016, the Environmental Protection Agency proposed adding the “Bonita Peak Mining District” to the National Priorities List, making it eligible for Superfund. Forty-eight mine portals and tailings piles are “under consideration” to be included. The Gold King Mine will almost certainly be on the final list, as will the nearby American Tunnel. The Mayflower Mill #4 tailings repository, just outside Silverton, is another likely candidate, given that it appears to be leaching large quantities of metals into the Animas River. What Superfund will entail for the area beyond that, and when the actual cleanup will begin, remains unclear.
Eric Baker

@EPA and the State of #Colorado release proposed plans for environmental cleanup at the Eagle Mine Superfund site

Here’s the release from the Environmental Protection Agency (Jennifer Chergo):

The U.S. Environmental Protection Agency (EPA) and the Colorado Department of Public Health and Environment (CDPHE) today released two Proposed Plans for environmental remediation at the Eagle Mine Superfund Site. Both Proposed Plans focus on further reducing heavy metal contamination created by nearly one hundred years of mining activity at the site.

“The cleanup proposals represent both EPA and CDPHE’s commitment to protect human health and the environment at the Eagle Mine Superfund Site,” said Acting Regional Administrator Deb Thomas. “These plans also highlight EPA’s commitment to bringing contaminated lands back to health and reuse.”

The Eagle Mine Superfund Site is located in Eagle County, Colorado. The site is defined as the area impacted by past mining activity along and including the Eagle River between the towns of Red Cliff and Minturn. Mining activities at the Eagle Mine began in 1879 and continued until 1984. EPA listed the site on the National Priorities List (NPL), commonly known as the list of Superfund Sites, in 1986 because of the mine metals discharge, uncontrolled mine waste piles and the close proximity of the population to the mine and associated features. To better manage the site, EPA divided it into operable units (OUs). OU1 focuses on protecting surface water by reducing metals loading from the site to the Eagle River. OU2 focuses on potential human health risks from contaminated soils in the abandoned company town of Gilman. OU3 focuses on soil remediation necessary to protect human health due to planned future development by the current landowner.

EPA issued a final Record of Decision (ROD) for OU1 in 1993 and a final ROD for OU2 in 1998. Over the years, all required environmental cleanup work has occurred at the Eagle Mine Superfund Site under a number of state and federal directives. Response actions at the site addressed the major sources of metals contamination to the Eagle River, including the old and new tailings pile, rex flats and various roaster waste piles near Belden. In 2001, EPA declared all cleanup construction activities complete at the Eagle Mine Superfund Site, except for ongoing operation and maintenance of remedial features like the water treatment plant. Remediation conducted to-date resulted in significant improvement in water quality and reduction in risk to human health and the environment. Continued operation of the existing remedy, including drawdown from the mine pool and treatment at the water treatment plant, is required to maintain this condition. Contaminant concentrations in surface water and groundwater have decreased, and the aquatic ecosystem continues to show signs of recovery.

In 2009, water quality standards established by the Colorado Water Quality Control Commission specifically for the Eagle Mine site became effective. Water quality monitoring in the Eagle River revealed that the water quality standards for cadmium, copper and zinc are not attained in March and April of most years. In response, the Proposed Plan released today for OU1 describes a number of alternatives designed to further reduce metals loading to the Eagle River. The preferred OU1 alternative includes the collection and treatment of groundwater from Belden and at the mouth of Rock Creek.

The Proposed Plan for OU3 presents cleanup alternatives focusing on soil remediation necessary to protect human health should future development occur. EPA created OU3, after a developer purchased a large portion of the Eagle Mine Superfund Site in 2004 with plans to develop the property into a private, residential community. The preferred alternative includes a combination of the following elements for areas at OU3 proposed for development: placing a soil exposure barrier; grading the site; placing institutional controls and conducting monitoring; and/or demolishing structures.