1242260-R8 SDMS 

STATE OF COLORADO 

John W. Hickenlooper, Govemor 

Christopher E. Urbina, MD, MPH 

Executive Director and Chief Medical Officer 

Dedicated to protecting and improving the health and environment of the people of Colorado 

Laboratory Services Division 

8100 Lowty Blvd. 

Denver, Colorado 80230-6928 

(303) 692-3090 

Colorado Department 

of Public Health 

and Environment 

4300 Cherry Creek Dr. S. 

Denver, Colorado 80246-1530 

Phone (303) 692-2000 

Located in Glendale, Colorado 

http://www.cdphe.state.cb.ijs 

August 29,2012 

Hon. Carl Schaefer 

Chairman, Board of County Commissioners 

Lake County Government 

505 Harrison Avenue 

P.O. Box 964 

Leadville CO 80461 

RE: Environmental Covenant for Resvurection Mining Company's Zone A Properties 

Dear Carl, 

The enclosed Environmental Covenant for Resurrection j Mining Company's Zone A properties has now 

been executed by all parties and filed with the Lake County Recorder.' 

As you know, the Colorado Environmental Covenant statute, C.R.S. § 25-15-321 to 327, requires that 

local govemments notify the CDPHE when they receive applications affecting land use or development 

of land that is subject to an environmental covenant. In turn, the CDPHE must review the proposed 

application and provide timely advice to the local government as to whether the application is consistent 

with the terms of the covenant or restrictive notice. 

Therefore, we respectfully request that you forward the enclosed environmental covenant to E^jpropriate 

Lake County Departments to assist them in identifying applications that affect the land use or 

development ofthe parcels described in the covenant. 

I 

Please don't hesitate to contact me or Doug Jamison with any questions or comments. 

Sincerely, 

Craig Gander 

Project Manager 

Superfund and Voluntary Cleanup Unit 

Hazardous Materials and Waste Management Division 

cc: Linda Kiefer 

USEPA Region 8 

8EPR-SR 

1595 Wynkoop St. 

Denver, CO 80202-1129 
II 

359265 7/31/2012 10:54 AM Patricia Berger 

lof 38 COV R$239.50 DSO.OO Lake County Recorder 

Environmental Covenant for Zone A Property 

This property is subject to an Environmental Covenant held by the 

Colorado Department of Public Health and Environment pursuant 

to section 25-15-321, C.R.S. 

ENA^RONMENTAL COVENANT 

Resurrection Mining Company ("Resurrection") grants an Environmental Covenant 

("Covenant") this ^"^^ day of kPOM- 2011 to the Hazardous Materials and 

Waste Management Division of the Colorado Department of Public Health and the Environment 

("the Department") pursuant to § 25-15-321 ofthe Colorado Hazardous Waste Act, § 25-15-101, 

etseq. The Department's address is 4300 Cherry Creek Drive South, Denver, Colorado 80246-

1530. 

WHEREAS, Resurrection is the owner of certain property situated in Lake County, 

Colorado, more particularly described in Attachment 1, attached hereto and incorporated herein 

by reference as though fully set forth (hereinafter referred to as "the Property"); and 

WHEREAS, pursuant to that Consent Decree among Resurrection, Newmont USA 

Limited ("Newmont"), the State of Colorado and the United States, which was entered by the 

U.S. District Coiut for the District of Colorado on August 29, 2008 in State of Colorado v. 

Asarco Incorporated, et al. ("Consent Decree"), Resurrection has agreed to grant an 

Environmental Covenant in accordance with the terms thereof. 

NOW, THEREFORE, Resurrection hereby grants this Environmental Covenant to the 

Department, with EPA as a third party beneficiary, and declares that the Property as described in 

Attachment 1 shall hereinafler be bound by, held, sold, and conveyed subject to the requirements 

set forth below, which shall nm with the Property in perpetuity and be binding on Resurrection, 

its heirs, successors and assigns, and any persons using the land, as described herein. As used in 

this Environmental Covenant, the term "Owner" means the record owner of the Property and any 

other person or entity otherwise legally authorized to make decisions regarding the transfer of the 

Property or placement of encumbrances on the Property, other than by the exercise of eminent 

domain. 

1) Use Restrictions. 

a. No Residential Use, Day Care Centers or Schools, as defined in Section 10, shall 

be allowed on the property. No portions of Parks or Open Space (as defined in 

Section 10 below) that are designed or intended to provide a designated play or 

recreation area for children shall be allowed. Prohibited play or recreation areas 
iillllllllillllllll 

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include designated picnic areas, playgrounds, ball fields, sand boxes and similar 

areas, but do not include trail systems or walkways. 

b. No use of untreated groundwater from wells located on the property for drinking, 

domestic, or agricultural purposes shall be allowed. This covenant does not 

restrict the use of groundwater that is treated to meet then applicable State water 

quality standards for the beneficial use to which the water is being applied. 

Treatment must meet any applicable State standards that are in place at the time of 

use. 

2) Inspections. 

The Department and EPA as the named third party beneficiary shall have the right of entry to the 

Property at reasonable times with prior notice for the purpose of determining compliance with 

the terms of this Covenant. Nothing in this Covenant shall impair any other authority the 

Department may otherwise have to enter and inspect the Property. 

3) Termination. 

This Covenant runs with the land and is perpetual, unless terminated or modified pursuant to this 

Section or Section 4. Owner may request that the Department approve a termination or 

modification of this Covenant. Consistent with C.R.S. 25-15-319(l)(h), the Department shall 

terminate this Environmental Covenant in whole or in part when, in addition to satisfying the 

requirements of C.R.S. 25-15-321(3) and (5), Owner provides the following applicable showings 

to the Department: 

a. Restrictions on Residential Use and other uses specified in Section 1 .a shall be 

terminated on all or part of the property if Owner demonstrates to the Dqjartment 

that the concentration of lead in the upper 6 inches of soils on the property for 

which termination is sought does not exceed 3500 parts per million (ppm), and the 

concentration of arsenic in the upper 6 inches of soils on the property for which 

termination is sought does not exceed 340 ppm. Such demonstration can be made 

based on sampling analysis or evidence that the subject property is not'impacted 

by any releases or threatened releases of hazardous substances. Any soil 

sampling conducted for purposes of terminating this Envii-onmental Covenant 

shall be conducted in accordance with Attachment 2. 

b. Restrictions on using untreated groundwater fi'om wells located on all or part of 

the property for drinking, domestic, and agricultural purposes shall be terminated 

if Owner demonstrates to the Department that concentrations of the constituents 

listed in Table 1 of Attachment 3 in the subject groundwater do not exceed State 

water quality standards for drinking, domestic, and agricultural purposes existing 

at the time of application. Current water quality standards are set forth in Table 1 

of Attachment 3. Any ground water sampling conducted for purposes of 

terminating this Environmental Covenant shall be conducted in accordance with 

Attachment 3. 
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c. In addition to the groimds for termination set forth in Sections 3.a and 3.b, the 

Environmental Covenants shall also be terminated as to all or part of the Property 

if it is demonstrated to the Department that the proposed termination will ensure 

protection of human health and the environment, in accordance with C.R.S. 25-

15-319(1 )(h). 

Consistent with C.R.S. 25-15-321(6), the Department shall provide to Owner a written 

determination on all applications to terminate an Environmental Covenant within 60 days after 

receipt of such application. 

4) Modifications. 

Consistent with C.R.S. 25-15-319(1 )(h), the Department shall modify this Environmental 

Covenant in whole or in part when, in addition to satisfying the requirements of C.R.S. 25-15-

321(3) and (5), Owner provides the following applicable showings to the Department: 

a. Restrictions on Residential Use and other uses specified in Section 1 .a shall be 

modified on all or part of the property if Owner demonstrates to the Department 

that portions of the subject property, where either soil lead levels exceed 3500 

ppm or soil arsenic levels exceed 340 ppm, will be covered by a minimum of two 

inches of asphalt, pavement or concrete, or other structures that prevent human 

exposure to the soil. 

b. Restrictions on using untreated groundwater from wells located on all or part of 

the property for drinking, domestic, or agricultural uses shall be modified to 

eliminate the restriction against one or more of these uses, if Owner demonstrates 

to the Department that concentrations of the constituents listed in Table 1 of 

Attachment 3 in the subject groundwater do not exceed State water quality 

standards in existence at the time of the application for the beneficial use that 

would be allowed under the modification. Current water quality standards are set 

forth in Table 1 of Attachment 3. Any ground water sampling conducted for 

purposes of modifying this Environmental Covenant shall be conducted in 

accordance with Attachment 3. 

c. In addition to the groimds for modification set forth in Sections 4.a and 4.b, the 

Environmental Covenants shall also be modified as to all or part of the Property if 

it is demonstrated to the Department that the proposed modification will ensure 

protection of human health and the environment, in accordance with C.R.S. 25-

15-319(l)(h). 

Consistent with C.R.S. 25-15-321 (6), the Department shall provide Owner a written 

determination on all applications to modify an Environmental Covenant within 60 days after 

receipt of such application. 
359265 7/31/2012 10:54 AM Patricia Berger 

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5) Conveyances. Within thirty days (30) after any grant, transfer or conveyance of any interest 

in any or all of the Property, the transferring Owner shall notify the Department and EPA as the 

named third party beneficiary of such grant, transfer or conveyance. 

6) Notice to Lessees. Owner agrees to incorporate either in full or by reference the 

restrictions of this Covenant in any leases, licenses, or other instruments granting a right to use 

the Property. 

7) Notification for proposed construction and land use. Owner shall notify the Department 

and EPA as the named third party beneficiary simultaneously when submitting any application to 

a local govemment for a building permit or change in land use that would authorize a use 

prohibited under Section 1 .a. 

8) No Liability. The Department does not acquire any Hability under State law by virtue of 

accepting this Covenant. 

9) Enforcement. The Department and EPA as the named third party beneficiary may 

enforce the terms of this Covenant pursuant to §25-15-322. C.R.S., and may file suit in district 

court to enjoin actual or threatened violations of this Covenant. 

10) Notices. Any document or communication required under this Covenant shall be sent or 

directed to: 

Notices to the Department shall be provided to: 

[appropriate Program Manager or Unit leader] 

Hazardous Materials and Waste Management Division 

Colorado Department of Public Health and the Environment 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Notices to EPA shall be provided to: 

EPA Remedial Project Manager 

California Gulch Superfund Site 

United States Environmental Protection Agency, Region 8 

(8EPR-SR) 

1595 Wynkoop Sti'eet 

Denver, CO 80202-1129 
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Notices to Resurrection shall be provided to: 

Law Department 

Resurrection Mining Company 

6363 South Fiddlers Green Circle, Suite 800 

Greenwood Village, CO 80111 

And 

Director of Reclamation and Closure 

Resurrection Mining Company 

6363 South Fiddlers Green Circle, Suite 800 

Greenwood Village, CO 80111 

Either party may change its designated notice recipient upon 5 days prior to notice to the other 

party. 

11) Definitions. 

"Day Care Center" means facilities that provide care, protection and supervision for 

children on a regular basis away from their primary residence for less than 24 hours per day. 

1) Examples. Examples of Day Care Centers include preschools, nursery schools, 

and latch key programs. "Child Care Centers," as defined in C.R.S. §26-6-102(1), are classified as 

"day care" uses. 

2) Exceptions. Day Care Centers do not include facilities operated in connection 

with an employment use, shopping center or other principal use, where children are cared for 

while parents or guardians are visiting the premises or in the immediate vicinity for a limited 

period of time. 

"Parks and Open Spaces" means areas consisting mostly of vegetative landscaping or outdoor 

recreation, community gardens, or public squares, and include open areas designed and 

developed for use by the occupants of a proposed development and by other persons for uses 

including but not limited to recreation, parks, and greenbelts. The lands tend to have few 

structures. 

1) Examples. Examples of Parks and Open Space include parks, golf courses, 

public squares, plazas, playgrounds, ballfields, recreation areas, botanical gardens, and nature 

preserves. 

"Residential Use" means structures or facilities used for Household Living or Group Living, as 

defined below. 

1) Household Living. 
Miii 

359265 7/31/2012 10:54 AM Patncia Berger 

6 of 38 COV RS239.50 DSO.OO Lake County Recorder 

A) Household Living is characterized by the residential occupancy of a 

dwelling unit by a household. Tenancy is arranged on a month-to-month 

or longer basis. 

B) Examples. Uses include living in houses, duplexes, triplexes, fourplexes 

and other multidwelling structures, retirement center apartments, 

manufactured housing and other structures with self-contained dwelling 

units. 

C) Exceptions. Lodging in a dwelling unit or where less than two thirds of 

the units are rented on a monthly or longer basis is considered a hotel or 

motel use and not residential. 

2) Group Living. 

A) Group Living is characterized by the residential occupancy of a structure 

by a group of people who do not meet the definition of Household Living. 

Tenancy is arranged on a monthly or longer basis, and the size of the group 

may be larger than a family. 

B) Examples. The Group Living category includes assisted living facilities, 

treatment facilities, nursing homes and other institutions and arrangements 

providing care or boarding for a group of unrelated individuals. 

C) Exceptions. 

1) Lodging where tenancy is generally arranged for periods of 

less than 30 days is not considered to be residential. 

2) Facilities for people who are under judicial detainment and under 

the supervision of swom officers are not considered residential. 

"Schools" means public and private schools at the primary, elementary, middle, junior high, or 

high school level that provide state-mandated basic education, including associated play areas, 

recreational and sport facilities, and before- and after-school care facilities. The term shall 

include daytime schools, boarding schools and military academies. The term shall not include 

business or trade schools. 

12) Propertv Modification. Pursuant to the Consent Decree, this Environmental Covenant 

is intended to cover only that portion of the Property on which the Settling Defendants own the 

entire fee title. If Resurrection and the Department hereafter agree that, as of the date of this 

Environmental Covenant, the Settling Defendants did not own the entire fee title in any portion 

of the Property, the Department will modify Attachment 1 hereto to exclude that portion of the 

Property from coverage under this Environmental Covenant. 
359265 7/31/2012 10:54 AM Patricia Berger 

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Resuixection has caused this instrument to be executed this 

(IflAj ^ ,2011. 

Resurrection Mining Company 

By: 

Titie: 1/'U 

STATE OF ^ y 

COUNTY OF f)jta..pjLJts^ ) 

Th^.foregoing insj^ment was acknowledged before me this.^^^ay of fluj^KAii. , 

2011 by, ~)hr^oJ_i^ r /Ucttalt,^^^^^o f Resurrection Mining Company 

Notary Public 

Address ^•-""'^^^^^'^5c>j>. 

My commission expires:_ 

i,'':'K ""r^. .-' 

Accepted by the Colorado Department of Public Health and Environment this ^^T^&y of 

By: ^^c^ri^ /O) / 

TiUe: 2): rrrj^lf /'/^/Jy^JC> 
359265 7/31/2012 10:54 AM Patricia Berger 

8 of 38 COV RS239.50 DSO.OO Lake County Recorder 

STATE OF Ca^/2.(fi-X>o ) 

) ss: 

COUNTY OF DFJLO&L. ' ) 

The foregoing instmment was>acknowledged before me thisg^day of Jor> "c-^ , 

4bi9kby^Aay ^ A/W^^;Wbehalfofthe Colorado Department of Public Health and 

Environment 

Notary Pubhc 

Address / 

/(^^y), ^ ^03^J^ 

My commission expires: 
359265 7/31/2012 10:54AM 

9 of 38 COV R$239.50 DSO.OO 

Patricia Berger 

Lake County Recorder 

ATTACHMENT 1 

TO ENVIRONMENTAL COVENANT 

THE PROPERTY 

Claim Name 

Mineral Survey Number 

216 Lime 

218 Rock 

232 Bulls Eye 

236 Dome 

278 H.D. Tract Sub "A" 

281 T.S. Wells & Wm. Moyer Placer Tract A 

281 T.S. Wells & Wm. Moyer Placer Tract C 

327 Oro La Plata 

350 Nevada 

363 Imes 

404 Snowstorm 

425 ComstockNo. 1 

444 Gardiner 

454 Maud Hicks 

463 Little Forepaugh 

467 Independent 

471 Eclip 

489 Great Hope 

494 Alice 

498 Everett 

504 Little Bertha 

508 Tankerstown 

516 Tribune 

531 Prospect 

543 San Jose 

544 Titan 

549 Jesse Clark 

559 William Roddick 

560 Lingula 

561 Maria 

589 Ballard 

591 Enterprise 

595 Silent Friend 

596 Little Viimie 

619 Badger State 

625 Hawkeye 

653 Buckeye 

668 Irene 

671 Silver Wave 

689 Archer 

701 Florence 

713 Wahiut 

716 Glengary 

732 Donovan 

735 McDennith Placer Tract B 

735 McDermith Tract A 

735 McDennith Tract D 

735 • McDermith Tract E 

Hi 
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Claim Name 

Mineral Survey Number 

743 John Mitchell 

783 Hartford Tract Sub B 

802 Yates 

823 Mahanoy 

849 Bazoo 

862 Unknown Claim Name 

883 Triumph 

893 White Cap 

895 Forfeit 

905 Honey Comb 

909 Across The Ocean 

996 Kathleen 

1005 Delta 

1006 Eagle 

1018 Ishperming 

1028 Ruby 

1030 Silver Nugget 

1066 A. P. Willard 

1095 Olathe Placer 

1120 Royal 

1125 Adelphia 

1161 Ocean Wave 

1253 City 

1271 St. Teresa 

1319 Red Head 

1323 St. Joseph 

1350 Miimie Lee 

1359 Mineral Farms 

1444 Raverma 

1451 Mabel 

1455 Humboldt (Producing Claim) 

1461 Steel Spring 

1481 Antelope 

1488 Bangkok 

1491 Yellow Jacket 

1501 Little Nellie 

1532 Little Daisy 

1542 Unlonown Claim Name 

1543 Hog Eye 

1552 Star of the West 

1584 Sequin 

1588 Vining 

1593 Phat Purse 

1594 Ottawa (Producing Claim) 

1654 Elk 

1772 Rattling Jack 

1803 Oriole 

1907 Deer 

1912 Carlton 

1918 Bessie Wilgus 

1928 Smasher 

1935 Revenue Cutter 

2334 Colonel Sellers 

5-3 

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Patricia Berger 

Lake County Recorder 

Claim Name 

Mineral Survey Number 

2633 S.T.X. 

2651 Minnesota 

2678 Ulster 

2688 Elva Elma (Producing Claim) 

2715 Kayserine 

2717 Rebel 

2730 Fluddin 

2840 Minnie 

2887 A.B 

2920 Old Rye 

3092 L.M. 

3111 Nettie L. 

3141 Daniel O'Coimell 

3154 SedaUa 

3155 Bob Ingersol 

3156 N. Rollins 

3161 Milton 

3162 Ontario 

3166 Pauline 

3168 Satellite 

3169 Ida & Alice 

3217 Lillie 

3437 Edith Tangent 

3487 Leo 

3630 Red Porphyry 

3822 ' Bulldozer 

3877 Old Maid 

4163 Unknown Claim Name 

4167 Unknown Claim Name 

4244 General Grant 

4253 Frank 

4254 Laurel W. 

4299 K.R.L 

4337 Baby 

4542 Mosquito 

4624 My Day 

4626 Hermes 

4893 Triangle 

5596 Hidden Treasure 

5631 Triangle 

6269 Unknown Claim Name 

6918 Midland 

8036 Margaret (Producing Claim) 

8514 Unknown Claim Name 

8521 Scraps 

8727 Sheridan 

8982 Grover Cleveland 

8990 Terrible No. 1 

8990 Terrible No. 2 

8990 Terrible No. 4 

9099 Lincohi & Joiner 

9261 Unknown Claim Name 

9522 Whip 

53 

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II 

Patricia Berger 

Lake County Recorder 

Mineral Survey Number 

9530 

9530 

9958 

10087 

11187 

12343 

13448 

13761 

16064 

17972 

18112 

18184 

18417 

18710 

19621 

19634 

2137A 

3672 A.B. 

377A 

5711 A.M. 

872 A.M. 

.(<*^p).i^.%i.«)_ 

Claim Name 

Eclipse 

Smuggler 

Little May 

Onondago 

Intermural (Producing Claim) 

G.T.M. 

Ralph 

Greater New York B (Producing Claim) 

Unknown Claim Name 

F.X.O. 

Lost Team 

Unknown Claim Name 

Unknown Claim Name 

West Fraction 

Franklin 

Little Delaware 

Wilson 

Modest Girl 

Cornelius 

Thimderbolt 

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ATTACHMENT 2 

TO ENVIRONMENTAL COVENANT 

SOIL SAMPLING PROCEDURES 

Soil Sampling and Analysis Plan 

This attachment specifies the soil sampling procedures for purposes of terminating an 

Environmental Covenant restricting Residential Uses or other uses specified in paragraphs A.2.a 

or A.3.a of Appendix Fl. Those restricted uses are collectively referred to herein as "Uses." For 

purposes of this protocol, a "property" is defined as a portion of a claim, an individual claim or 

contiguous claims on which an Environmental Covenant restricting Uses is proposed to be 

terminated. A portion of the subject property proposed for Uses may also be subdivided for 

purposes of terminating or modifying an Environmental Covenant for only the subdivided 

portion of the property. The following sections describe the soil sampling requirements, 

methods, sample analysis, and quality assurance to support termination of the Environmental 

Covenant. Altemate soil sampling protocols and analysis methods may be proposed in a sitespecific sampling plan for the property, subject to approval by the State. 

1.1 Soil Sampling Requirements and Protocols 

Soil samples will be collected to a total depth of six inches, except in areas that are covered or 

will be covered with a minimum 2-inch thick layer of asphalt or concrete or other stmctures that 

prevent human exposure to soil, or will be covered within a minimum thickness of six inches of 

imported clean soil. Soil samples will be collected at two depth intervals: one from 0-2 inches 

deep and one from 2-6 inches deep. Each of these two soil samples will consist of a composite 

collected from three subsamples from the same depth interval, as described in Section 1.2 below. 

Composite samples for each depth interval (0-2 inches and 2-6 inches) will be collected at four 

locations per acre, with not less than four composite samples collected for each depth interval a 

property. The composite samples will be equally spaced within the property. Each composite 

sample will consist of three subsamples of approximately equal amounts of soil collected from 

the same depth interval. At each composite sample location, the subsamples will be collected in 

a triangular pattem with the subsamples spaced approximately five feet apart. The composite 

sample will consist of the three subsamples collected from the same depth interval. 

If any deposits of mining, milling, or smelting related materials (waste rock, tailing, or slag) are 

known or suspected to be present within the property, the footprint of these areas will be defined 

as separate sampling areas not to exceed 10,000 square feet each (100 feet by 100 feet). A 

composite sample (minimum of three subsamples) will collected from the materials within each 

sampling area to a single sampling depth of 0-6 inches, or less, if the materials are shallower. 

Imported soil shall be sampled as defined below to demonstrate that the imported soil has lead 

and arsenic concentrations less than 3,500 mg/Kg and 340 mg/Kg, respectively, for Residential 

Use. 

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14 of 38 COV RS239.50 DSO.OO Lake County Recorder 

Prior to soil sampling, a site sampling plan will be developed and the sampling areas and 

sampling locations will be plotted on a site plan. The site sampling plan will show the property 

boundaries and any existing residential stmctures, commercial facilities, or improvements. The 

sampling areas and sampling locations will be identified on the site sampling plan. In addition, 

any known or suspected deposits of mine, mill or smelter related materials (tailing, waste rock, 

or slag) will also be delineated on the site sampling plan with sampling locations identified. 

1.2 Soil Sample Collection and Handling Procedures 

Soil samples will be collected using a plastic or stainless steel trowel, soil probe, hand auger, 

spade or drive sampler. A pick or spade may be utilized, as necessary, to loosen the soil for 

sample collection. The specific sampling tool utilized will be dependent on the soil composition 

and density. Additional sampling equipment may include stainless steel bowls, measuring tape, 

hand-held GPS, plastic sample bags, camera, log book, pen, pencil, and marker. 

At each composite sample location, a subsample will be collected at each apex of a triangle 

spaced approximately five feet apart. At each subsample location, any loose debris and any sod 

or dense vegetation will be removed from an area approximately six inches in diameter. Samples ^ 

will not be collected under or immediately adjacent to trees, shmbs and or stmctures. A soil 

sample will be collected at the same subsample location to a depth of 0-2 inches and then 2-6 

inches using the sampling tool. Approximately the same volume of soil should be collected at 

each subsample location for each depth. The soil from each subsample will be collected into a 

separate clean plastic bag or stainless steel bowl for each sample depth interval. For each 

composite sample, combine the subsamples from the same depth interval together in a sealed 

plastic bag and mix by hand in the sealed bag. Label the plastic bag with the property 

identification, sampling area, depth interval, and date of collection. A chain of custody form will 

be maintained for all soil samples from the time of collection until its final deposition. 

All equipment used for soil sampling will be dedicated or will be decontaminated prior to sample 

collection. Decontamination equipment will include, pump sprayers, spray bottles, deionized 

water, phosphate free soap solution, scmb bmshes, buckets, disposable gloves, etc. Field 

personnel will wear disposable polyethylene gloves to avoid sample cross contamination during 

the collection of soil samples. 

1.3 Imported Soil 

Soil imported to a property for use within the upper six inches of the final ground surface will be 

sampled to demonstrate that the lead and arsenic concentrations achieve acceptable 

concentrations for residential use and that the lead concentrations achieve acceptable 

concentrations for commercial use, as defined in Appendix FI. For up to 1,000 cubic yards of 

imported soil delivered to a property, a sample will be collected every 250 cubic yards. For 

volumes greater than 1,000. cubic yards, a sample of the imported soil will be collected for every 

500 cubic yards. 

1.4 Equipment Decontamination 

Sampling equipment will be decontaminated between sample collection points, if the equipment 

is not disposable, in order to avoid cross contamination between samples. Field personnel will 

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wear disposable gloves while decontaminating equipment. The following procedures will be 

followed to ensure that sampling equipment is decontaminated: 

1) Visually inspect sampling equipment for soil; a stiff bmsh will be used to remove 

any visible material 

2) Wash the field equipment with phosphate free soap and water, rinse with distilled 

water, and air dry or wipe with disposable paper towels 

3) Water used for decontamination will be disposed of on site. All disposable items 

such as, paper towels, disposable gloves and wash cloths, will be deposited into a 

garbage bag and disposed of in a solid waste landfill 

1.5 Soil Sample Documentation 

Field sampling information will be recorded in a field logbook or field sampling forms. 

Information that will be recorded at each composite soil sampling location will include the 

location (e.g. determined by hand-held GPS or measured to a defined reference point) and 

sampling depth interval. The documents to be completed for each composite sample in each 

sampling area are: 

Site Plan (Plot Plan) 

Chain-of-Custody transmittal form 

Sample tag and/or label 

Sample master log 

All pertinent sampling information will be recorded on a field logbook. Entries will be made in 

the field documents in indelible ink, with all corrections consisting of initialed line-out deletions. 

Each day's entries will be initialed and dated at the end of each day by the field sampling crew. 

At minimum, entries in the field log shall include: 

Date and time 

Site description (i.e., physical address and assessor parcel number) 

Description of weather conditions 

Names of field sampling crew 

Description of site conditions and any unusual circumstances 

Location of sample site, including map reference 

Equipment identification 

Details of actual work effort, particularly any deviations from the aforementioned 

methods 

Field observations 

Details of photo documentation, if any 

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1.6 Soil Sample Packaging and Shipping 

Each sample container will be properly labeled in the field. All containers will be checked for 

proper seal and entered by sample number on the chain of custody form. After collection, 

composite samples will be placed in an insulated cooler for storage in the field. Samples will be 

shipped to the laboratory in a cooler with ice. The ice in the cooler will be double-bagged. One 

copy of the chain of custody form will be enclosed in a plastic bag in each cooler containing the 

samples identified on the form. The cooler will be taped shut and custody seals will be attached 

to the outside of the cooler to ensure that the cooler cannot be opened without breaking the seal. 

The cooler will be shipped using an authorized shipping service to the laboratory for analysis. 

1.7 Soil Sampling Quality Control 

Duplicate samples will be collected and submitted to the laboratory to evaluate the precision and 

reproducibility of sampling and analysis procedures. Duplicate samples will be collected at a 

minimum of one for every 10 soil composite samples. The duplicate samples will be collected, 

preserved, packaged, and handled in the same m£iimer as the soil samples. No equipment blanks 

or field blanks will be collected. 

1.8 Laboratory Analytical Protocols 

The soil samples will be analyzed by the laboratory using methods detailed in Test Methods for 

Evaluating Solid Waste, Revised Methods, SW-846. The laboratory shall be accredited by the 

Colorado Certification Program. For Residential Development, samples will be analyzed for 

arsenic and lead. For Commercial Development, soil samples will be analyzed for lead. Soil 

samples will be digested in accordance with SW-846 EPA Method 3050. After digestion, all 

samples will be analyzed by EPA Method 601 OB. 

The report of analytical results will include a cover letter from the laboratory identifying the 

sainple group and any non-complaint quality control results together with the affected samples. 

Attached to the cover letter will be a summary of sample results and a summary of quality 

control results. The summary of quality control results will include instmment perfonnance 

results such as standard recoveries and blanks results; matrix QC results such as spikes, 

duplicates and procedural blanks; and laboratory control standard recoveries. 

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ATTACHMENT 3 

TO ENVIRONMENTAL COVENANT 

GROUNDWATER SAMPLING PROTOCOLS 

Groundwater Sampling and Analysis Plan 

This attachment specifies the groundwater sampling procedures for purposes of terminating or 

modifying an Environmental Covenant for groundwater use restrictions, as specified in 

Appendix Fl . For purposes of the protocol, a "property" is defined as a portion of a claim, an 

individual claim or contiguous claims not exceeding 35 acres in total area for which the 

groundwater use restrictions of an aquifer are to be terminated. The followings sections describe 

the groundwater sampling requirements, methods, sample analysis, and quality assurance that 

will support such termination or modification. Altemate groundwater sampling procedures and 

analysis methods for a property may be proposed in a site-specific sampling plan for the 

property, subject to approval by the State. 

1.9 Groundwater Sampling Requirements 

One groundwater sample will be collected from a well completed in the aquifer of the 

hydrogeologic unit (alluvial, unconsolidated sedimentary deposits, or bedrock) proposed for 

beneficial use underljdng each property. For alluvial or unconsolidated sedimentary deposits, the 

hydrogeologic unit is defined as the aquifer with the same lithology and within the same surface 

water hydrologic divide. The bedrock hydrogeologic unit is defined as the aquifer within the 

same geologic formation and stmcture. The groundwater use restrictions will be terminated or 

modified for a property for only that aquifer of the hydrologic unit in which the well is 

completed. 

The groundwater sample from the well will be analyzed for constituents that are relevant to the 

Califomia Gulch Superfund Site for which numeric groundwater quality standards have been 

established by the State for the proposed beneficial use at the time of the application for 

termination or modification of the Environmental Covenant, ,hereafter referred to as the Numeric 

Standards. The constituents that are relevant to the Califomia Gulch Superfund Site and the 

current Numeric Standards are presented in Table 1 for drinking/domestic or agricultural uses. 

The groundwater in the aquifer will be determined acceptable for the proposed use, and the 

Environmental Covenant restricting groundwater will be terminated for the property or modified 

to allow a particular beneficial use, if the constituent concentrations of the sample from the well 

are less than the Numeric Standards for all beneficial uses (in the event of termination) or the 

particular beneficial use (in the event of modification). 

1.10 Groundwater Sampling Methods 

The groundwater sample from the well will be collected according to the methods described in 

SOP No. 4-Ground Water Well Sampling. Non-dedicated or non-disposable sampling 

equipment will be decontaminated prior to collection of the sample according to the methods 

described in SOP No. 1-Decontamination. Sample collection documentation, sample 

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containment, preservation, identification, labeling and shipping will be performed according to 

the procedures described in SOP No. 7- Sample Handling, Documentation, and Analysis. 

1.11 Laboratory Analytical Methods 

Samples will be analyzed for the parameters for which Numeric Standards have been established 

for the proposed beneficial use. Sample container, preservation, and holding times are provided 

in SOP No. 7-Sample Handling, Documentation, and Analysis. The laboratory will be required 

to process all samples submitted according to the specific protocols for sample custody, holding 

times, analysis, reporting and associated laboratory quality assurance. Laboratory quality 

assurance checks will include the use of blank, spiked, split, and duplicate samples, calibration 

checks, and intemal standards. Designated laboratory personnel will be required to ensure that 

QA/QC procedures are achieved. The laboratory or laboratories for constituent analysis must be 

accredited by the Colorado Certification Program. Laboratory calculations and data review will 

be performed by the laboratory in accordance with the procedures described by the analytical 

method. The laboratory will review the results of the laboratory QC analyses, instmment 

calibration and maintenance records, calculations, and the record of sample custody (including 

holding times) within the laboratory. 

Table 1 Groundwater Standards for Beneficial Use 

Parameter 

Domestic Water 

Supply and 

Drinking Water 

Standards 

Agricultural 

Standards 

Antimony-dissolved 0.006 mg/L 

Aluminum-dissolved 5 mg/L 

Arsenic-dissolved 0.01 mg/L 0.1 mg/L 

Barium-dissolved 2.0 mg/L 

Beryl Hum-dissolved 0.004 mg/L 0.1 mg/L 

Cadmium-dissolved 0.005 mg/L 0.01 mg/L 

Chloride-dissolved 250 mg/L 

Chromium-dissolved 0.1 mg/L 0.1 mg/L 

Copper-dissolved 1.0 mg/L 0.2 mg/L 

Fluoride-dissolved 4.0 mg/L 2 mg/L 

Iron-dissolved 0.3 mg/L 5 mg/L 

Lead-dissolved 0.05 mg/L 0.1 mg/L 

Manganese-dissolved 0.05 mg/L 0.2 mg/L 

Mercury-dissolved 0.002 mg/L 0.01 mg/L 

Molybdenum-dissolved 0.035 mg/L 

Nickel-dissolved 0.1 mg/L 0.2 mg/L 

Selenium-dissolved 0.05 mg/L 0.02 mg/L 

Silver-dissolved 0.05 mg/L 

Sulfate-dissolved 250 mg/L 

Thallium-dissolved 0.002 mg/L 

Zinc-dissolved 5 mg/L 2 mg/L 

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Lake County Recorder 

pH 6.5-8.5 6.5-8.5 

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SOP-1 

SOP Date: February 2008 

DECONTAMINATION 

1.0 INTRODUCTION AND TYPES OF CONTAMINATION 

The purpose of this document is to define the standard procedure for decontamination associated 

with environmental investigation for the Califomia Gulch Superfund Site. This procedure is 

intended to be used with other SOPs. 

1.1 Site and/or Sample Cross-Contamination 

The overall objective of multimedia sampling programs is to obtain samples which accurately 

depict the chemical, physical, and/or biological conditions at the sampling site. Extraneous 

contaminant materials can be brought onto the sampling location-and/or infroduced into the 

medium of interest during the sampling program (e.g., by contacting water with equipment 

previously contaminated at another sampling site). Trace quantities of these contaminant 

materials can thus be captured in a sample and lead to false positive analytical results and, 

ultimately, to an incorrect assessment of the contaminant conditions associated with the site. 

Decontamination of non-dedicated or non-disposable sampling equipment (e.g., bailers, pumps, 

and tubing) and field support equipment (e.g., drill rigs, vehicles) is required. To ensure that 

sampling cross-contamination is prevented, and that on site contaminants are not carried off site. 

2.0 PROCEDURES 

2.1 Equipment List 

The following is a list of equipment that may be needed to perform decontamination: 

Bmshes 

Wash tubs 

Buckets 

Scrapers 

Steam cleaner or high-pressure washer 

Paper towels 

Alconox detergent (or equivalent) 

Potable water 

Deionized or distilled water 

Garden type water sprayers 

Clean plastic sheeting and/or trash bags 

2.2 Decontamination 

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2.2.1 Sampling Equipment 

The following steps will be used to decontaminate non-dedicated or non-disposable sampling 

equipment (including reusable filter apparatus): 

Personnel will dress in suitable safety equipment to reduce personal exposure (e.g., latex 

gloves, safety glasses, etc.). 

Gross contamination on equipment will be scraped off at the sampling or constmction site. 

Equipment that will not be damaged by water will be washed with an Alconox solution or 

low-sudsing detergent and potable water and scmbbed with a bristle bmsh or similar 

utensil (if possible). Equipment will be triple rinsed with potable water followed by a 

triple rinse with deionized or distilled water. 

Following decontamination, equipment will be placed in a clean area, on or in clean plastic 

sheeting to prevent contact with contaminated soil. If the equipment is not used immediately, the 

equipment will be covered or wrapped in plastic sheeting or heavy duty trash bags to minimize 

potential airbome contamination. 

2.2.2 Submersible Pumps 

If non-dedicated submersible pumps are used they will be decontaminated between wells. The 

outside of the pump and hose will be tripled rinsed with deionized or distilled water. Deionized 

or distilled water will be pumped through the pump and hose. The volume of deionized or 

distilled water pumped through will be at a minimum equal to three times the volume of fluid 

that could be contained by the pump and hose. 

2.2.3 Water Level Probes 

Electric water level probes will be decontaminated by rinsing with deionized or distilled water or 

by wiping the probe during removal with paper towels wetted with deionized or distilled water. 

The water level probe will be placed in a plastic bag after decontamination. 

2.2.4 Sensitive Equipment 

Sensitive equipment that may be damaged by water will be carefully wiped clean using paper 

towels and detergent water or spray bottle and towel and rinsed with deionized or distilled water. 

Care will be taken to prevent any equipment damage. 

2.2.5 Drilling and Heavy Equipment 

Drilling and heavy equipment will be decontaminated at a designated decontamination area for 

large equipment. The following steps will be used to decontaminate drilling and heavy 

equipment: 

Personnel will dress in suitable safety equipment to reduce personal exposure (e.g., gloves, 

safety glasses or splash shields, etc.). 

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Equipment showing gross contamination or having drill cuttings caked on will be scraped off 

with a flat-bladed scraper at the sampling or constmction site. 

Equipment, such as drill rigs, augers, drill bits, and shovels will be sprayed with potable 

water by a high-pressure washer. Care should be taken to adequately clean the insides of 

the hollow-stem augers and backhoe buckets. 

Following decontamination, drilling equipment will be placed on the clean drill rig and moved to 

a clean area. If the equipment is not used immediately, it should be stored in a designated clean 

area. 

2.2.6 Equipment Leaving the Site 

Vehicles used for non-intmsive activities shall be cleaned on an as needed basis. Constmction 

equipment such as earth moving equipment, tmcks, drilling rigs, backhoes, trailers, etc., will be 

pressure washed at the designated decontamination area before the equipment is removed from 

the site. 

2.2.7 Wastewater 

Used wash and rinse solutions may be discharged to the ground at the sampling site 

2.2.8 Ottier Wastes 

Solid wastes such as paper towels and used filters will be sealed in plastic garbage bags and 

disposed of in a sanitary landfill. 

2.3 Documentation 

Sampling persormel will be responsible for documenting the decontamination of sampling and 

drilling equipment. The documentation will be recorded with waterproof ink in the sampler's 

field notebook with consecutively numbered pages. The information entered in the field book 

conceming decontamination should include the following: 

Decontamination personnel 

Date 

Decontamination observations 

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SOP-4 

SOP Date: Febmary 2008 

GROUNDWATER WELL SAMPLING 

1.0 PURPOSE AND SCOPE 

The purpose of this document is to define the standard procedure for collecting groundwater 

samples from wells for the Califomia Gulch Superfund Site. This procedure gives descriptions 

of equipment, field procedures, and QA/QC procedures necessary to collect groundwater 

samples from wells. The sample locations and frequency of collection are specified in the 

QAPP. 

This procedure is intended to be used together with several other SOPs, as applicable, including: 

SOP 1 Decontamination 

SOP 7 Sample Handling, Documentation, and Analysis 

2.0 WATER SAMPLING PROCEDURES 

2.1 Equipment List 

Sample bottles, preservatives, sample labels will be obtained from the analytical laboratory. 

Several extra sample bottles will be obtained in case of breakage or other problems. Sample 

bottles can be either pre-preserved or preservatives can be added in the field. 

Equipment that may be used during well evacuation: 

Well keys 

Electronic water level probe 

Assorted tools (knife, screwdriver, etc.) 

PVC, Teflon, or stainless-steel bailer (bottom filling) 

PVC hand pump 

Nylon or polypropolene rope 

Bailer tripod 

PVC pump discharge hose 

Gas-powered electric generator 

Stainless-steel submersible pump 

pH meter (with automatic temperature compensation) 

Specific conductivity meter 

Plastic squeeze bottle filled with deionized water 

Polyethylene or glass container (for field parameter measurements) 

Chemical-free paper towels or Kimwipes 

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Calculator 

Field notebook 

Waterproof pen 

Plastic sheeting (for placing around well) 

Appropriate health and safety equipment 

Equipment that may be used during well sampling: 

Elecfronic water level measurement probe 

PVC, Teflon, or stainless-steel bailers (bottom filling) 

Stainless-steel submersible pump 

PVC pump discharge hose 

Electric generator 

Nylon or polypropolene rope or twine 

Bailer tripod 

pH meter (with automatic temperature compensation) 

Specific conductivity meter 

Plastic squeeze bottle filled with deionized water 

Sample bottles 

Dedicated jug for holding sample for filtering 

Cooler with ice 

Polyethylene or glass jar for field measurement samples 

Sample labels 

Equipment used during sample filtration: 

Disposable filterware with 0.45-micron filter 

Hand pump or peristaltic pump 

Tygon or silicon tubing (2- to 4 ft lengths) 

Equipment used during decontamination: 

Deionized or distilled water 

Decontamination buckets/pails 

Paper towels 

Plastic bmshes 

Sprayers 

2.2 Sampling Procedures 

This section gives the step-by-step procedures for collecting samples in the field. Observations 

made during sample collection should be recorded in the field notebook and field data sheet as 

specified in Section 2,4 of this SOP. 

2.2.1 Decontaminate Equipment 

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Before any evacuation or sampling begins, all well probes, bailers, and other sampling devices 

shall be decontaminated. If dedicated equipment is used, it should be rinsed with deionized 

water. Dedicated downhole pumps will not be decontaminated. A discussion of equipment and 

personnel decontamination is contained in SOP No. 1, Decontamination, and in the site Health 

and Safety Plan. 

2.2.2 Instrument Calibration 

Electronic equipment used during sampling includes a pH meter with temperature scale, a 

conductivity meter and a turbidity meter. Before going into the field, the sampler shall verify 

that all of these are operating properly. The pH and conductivity meters require calibration and 

calibration checks every day prior to use. The turbidity meter requires a calibration check by 

reading measurements cells of a known value. Calibration times and readings will be recorded in 

a notebook and/or on Calibration Data Sheet, which are to be kept by the field sampler. 

2.2.3 Evacuate Well 

The purpose of well purging is to remove stagnant water from the well to obtain representative 

water from the geologic formation being sampled while minimizing disturbance to the collected 

samples. Before a sample is taken, the well will be purged until a minimum of three well casing 

volumes have been removed and field parameters have stabilized, or until a maximum of five 

well volumes have been removed. Purging will be considered completed if the well is pumped 

or bailed dry. A well should be pumped at a rate no faster than approximately 1 gallon per 

minute if it has a tendency to dry up prior to evacuating three casing volumes. Evacuated well 

water may be disposed of at the well site in a manner that does not cause mnoff. 

Before well purging begins, the following procedures are to be performed at each well: 

Note the condition of the outer well casing, concrete well pad, protective posts (if present), 

and any other unusual conditions in the area around the well. 

If bailing place clean plastic sheeting aroimd the well. 

Open the well. 

Note the condition of the inner well cap and casing. ^ 

Measure (to nearest 0.01 foot) and record depth of static water level from the measuriiig 

point on the well casing and indicate time. Record what the measuring point is (i.e., 

notch on north side, top of PVC well casing). 

Calculate volume of water in the well casing in gallons based on feet of water and casing 

diameter. (See Section 2.4.3 for calculation of volumes.) 

From the above calculation, calculate the three casing volumes to be evacuated. 

Obtain an initial sample (which is not retained) from the bailer or purge pump for field 

measurements (temperature, conductivity, and pH measurements) and observation of 

water quality. 

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Evacuate three volumes of water in casing with a bailer or pump. Take temperature, specific 

conductance, and pH measurements after evacuation of each well volume to confirm that 

the water chemistry has stabilized. Generally, pH values within ±0.2 pH unit and 

conductivity and temperature readings within ±10 percent between consecutive readings 

indicate good stability of the water chemistry. If the chemistry is not stable, continue 

purging up to a maximum of five well volumes, measuring pH and specific conductance 

after each one half well volume. 

When evacuating a well using a pump, the pump intake should be placed: 

for low recovery wells (wells that can be pumped dry), place pump intake at bottom of 

screened interval. 

for high recovery wells (little drawdown with pumping), place pump at or slightly 

above the middle of the screened interval to ensure tiie removal of stagnant water from 

the well bore. 

If the well is bailed or pumped dry during evacuation, it can be assumed that the purpose of 

removing 3 well volumes of water has been accomplished, that is, removing all stagnant 

water that had prolonged contact with the well casing or air. If recovery is very slow, 

samples may be obtained as soon as sufficient water is available. 

2.2.4 Obtain Water Samples 

Obtain samples for chemical analysis within 2 hours after purging is completed, if possible. For 

slow recovering wells, the seunple shall be collected immediately after a sufficient volume is 

available (water has recovered to screened interval). The water quality samples shall be taken 

from within the well screen interval. 

The following sampling procedure is to be used at each well: 

1. Assemble decontaminated sampling equipment. If bailers are used, new nylon or 

polypropylene rope will be used for each well for each sampling event. Assemble 

the filtering apparatus. 

2. Make sure that sample labels have been filled out for each well. 

3. Lower the bailer slowly and gently into contact with the water in the well. Lower 

the bailer to the. same depth in the well each time, wathin the screened interval. 

Retrieve the bailer smoothly and empty the water in a slow steady stream into the 

containers. If submersible or bladder pumps are utilized to collect samples, start 

the pump and fill the sample bottles as described below. 

4. Triple rinse the sample containers with sample water and then fill the sample 

bottles. If not enough sample water is available to perform the triple rinse, then at 

a minimum a single rinse will be performed and will be recorded in the field 

logbook and/or data sheet. Cap the sample containers quickly. If sample bottles 

are pre-preserved, fill the sample bottles without rinsing. Add preservative if the 

bottle is not pre-preserved. Do not allow the sample containers with preservatives 

to overflow. See Section 2.2.5 for details on field filtering. 

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5. Slowly pour an unfiltered portion into the sample container for field parameter 

(pH, specific conductance, temperature, and turbidity) analyses and perform the 

in-field analyses and record. 

6. Place samples on ice in a cooler. 

7. Record time of sampling. 

8. Replace and lock well cap. 

9. Complete field documentation. 

2.2.5 Filtering Samples 

Samples for metals analyses will be filtered during the field sampling event by using a 

disposable filter apparatus and peristaltic or hand vacuum pump. 

The following procedure is to be used for filtering: 

Assefnble filter device according to manufacturer's instmctions. 

Prior to the collection of aliquots, flush the filter with approximately 100 to 200 

milliliters of groundwater. Filter sample either by pouring sample in the top portion of 

filter unit or pumping through an in line filter using a peristaltic pump. Sample may also 

be filtered by attaching the in-line filter to the submersible pump discharge. 

Triple rinse the sample containers with filtered sample water and then fill the sample 

bottles. If not enough sample water is available to perform the triple rinse, then at a 

minimum a single rinse will be performed and will be recorded in the field logbook 

and/or data sheet. Cap the sample containers quickly. If sample bottles are prepreserved, fill the sample bottles without rinsing. Add preservative if the bottle is not 

pre-preserved. Do not allow the sample containers with preservatives to overflow. 

Place the used filter membrane or disposable filter equipment in a Ziploc® bag for 

disposal with the personal protective equipment. 

Any reusable filtering equipment will be decontaminated in accordance with SOP No. 1. 

2.3 Sample Handling 

Sample containers and preservatives are specified in SOP No. 7, Sample Handling, 

Documentation and Analysis. Samples will be labeled and handled as described in SOP No. 7. 

2.4 Documentation 

2.4.1 Groundwater Data Sheet 

A groundwater data sheet for groimdwater samples (Appendix A) will be completed at each 

sampling location. The data sheet will be completely filled in. If items on the sheet do not apply 

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to a specific location, the item will be labeled as not applicable (NA). The information on the 

data sheet includes the following: 

Well number 

Date and time of sampling 

Person performing sampling 

Depth to water before sampling 

Volume of water evacuated before sampling 

Conductivity, temperature, and pH during evacuation (note number of well volumes) 

" Time samples are obtained 

Number of samples taken 

Sample identification number(s) 

Preservation of samples 

QC samples taken (if any) 

How the samples were collected (i.e., bailer, pump, etc.) 

2.4.2 Field Notes 

Field notes shall be kept in a bound field book. The following information will be recorded 

using waterproof ink: 

Names of personnel 

Weather conditions 

Date and time of sampling 

Location and well number 

Condition of the well 

Decontamination information 

Initial static water level and total well depth 

Calculations (e.g., calculation of evacuated volume) 

Calibration information 

Sample methods, or reference to the appropriate SOP 

2.4.3 Well Volume Calculations 

The following equation shall be used to calculate the volume of water to be removed during well 

evacuation. 

For 2 inch well: 

Evacuation Volume [gal] = (Total Depth [ft] - Water Level 

Depth [ft]) X 0.1632 gal/ft 

= gallons/well casing volume 

For 4-inch well: 

Evacuation Volume [gal] = (Total Depth [ft] - Water Level 

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Depth [ft]) X 0.6528 gal/ft 

gallons/well casing volume 

Patricia Berger 

Lake County Recorder 

For 6-inch well: 

Evacuation Volume [gal] (Total Deptii [ft] - Water Level 

Deptii [ft]) X 1.4688 gal/ft 

= gallons/well casing volume 

Multiply the volume of one well casing volume by 3 to obtain the minimum volume of water to 

be evacuated. 

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APPENDIX A 

GROUNDWATER DATA SHEET 

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roENTIFICATION 

Sample Location 

GROUNDWATER DATA SHEET 

Date Time Page of_ 

Sample Control Nimiber_ . Samplers: 

WEATHER CONDITIONS 

Ambient Air Temperature: "CD Not Measured? • 

Precipitation: None • Rain • Snow • Heavy • Moderate • Light • Suimy • Partly Cloudy • 

WELL MEASUREMENTS tMeasurements made from top of PVC casing) 

Depth to Static Water:. _feet Total Depth of Well:. feet Feet of water: 

2-inch = 0.163 gal/ft 4-inch = 0.65 gal/fl 6-inch = 1.47 gal/ft 

1 Casing Volume: gallons 3 Casing Voliimes:_ 

Depth Pump Installed:, 

Well purged with: 

. feet Volume water purged_ 

gallons 

Gallons 

FIELD PARAMETER MEASUREMENTS DURING PURGING 

Time Volume 

(gallons) 

pH Cond. 

(nS/cm) 

Temp.° 

°cn 

°Fn 

Turbidity 

(visual 

estimate) 

Comments 

'• 

Sample 

Date 

San^)le 

Time 

Volume 

(gallons) 

pH Cond. 

(nS/cm) 

Temp. 

"C • °F • 

Turbidity (NTU) 

Was a duplicate sample collected? 

) 

Was a field blank collected? 

) 

Yes • No • (sample control number_ 

Yes • No • (sample control number_ 

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Was a rinsate sample collected? 

) 

Yes • No • (sample control number_ 

Notes: 

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SOP-7 

SOP Date: February 2008 

SAMPLE HANDLING, DOCUMENTATION, AND ANALYSIS 

1.0 PURPOSE AND SCOPE 

The purpose of this document is to define the standard protocols for sample handling, 

documentation, and analysis for the Califomia Gulch Superfiand Site. This procedure is 

intended to be used together with other SOPs and is referenced in all SOPs that apply to 

sampling. 

2.0 PROCEDURES FOR SAMPLE HANDLING, DOCUMENTATION, AND ANALYSIS 

2.1 Sample Identification and Labeling 

Samples collected during monitoring, investigations, or remediation activities will be assigned 

unique sample identification numbers. Each sample identification number will identify the 

organization collecting the sample or the program under which it is collected, sampling location, 

type of sample, and sampling sequence for each sample. These numbers are required for 

tracking the handling, analysis, and verification or validation status of all samples collected 

during monitoring. In addition, the sample identification numbers will be input into the project 

database to identify analytical results received fi-om the laboratory. 

Sample identification numbers that are assigned will be divided into four fields as shown in the 

following example: 

M-CGW1-01-900423 

The first field is one character in length and identifies the company conducting the sampling. 

The second field is an alphanumeric code identifying the location of the sample and the last letter 

of this field indicates the matrix (e.g., CGMl indicates Califomia Gulch Well No. 1, the second 

W indicates a water matrix). The next field identified is the type of sample being collected; this 

is used to identify whether the sample is a primary or grab sample, a composite sample, field 

duplicate, field blank, or equipment rinsate. The final field contains the date in a year-month-day 

format. For example, the sample identified above was collected on April 23, 1990. 

Each sample that is collected in the field will be labeled for fiiture identification. Sample labels 

will be filled out as completely as possible by a member of the sampling team prior to the start of 

the day's field sampling activities. The date, time, sampler's signature, and the last field of the 

sample identification number should not be completed until the sample is actually collected. All 

sample labels will be filled out using waterproof ink. At a minimum, each label will contain the 

following information: 

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Sampler's company affiliation; 

Site location; 

Sample identification; 

Date and time of sample collection; 

Method of preservation used; 

Sample matrix; and 

Sampler's initials. 

2.2 Sample Containers, Preservatives, and Holding Times 

2.2.1 Sample Containers 

Proper sample preparation practices will be observed to minimize sample contamination and 

potential repeat analyses due to anomalous analytical results. Prior to sampling, commerciallycleaned sample containers will be obtained fi-om the analytical laboratory. The bottles will be 

labeled as described in the previous section to indicate the type of sample and sample matrix to 

be collected. Sample botties can be either pre-preserved from the laboratory or preservatives can 

be added in the field during sample collection. 

2.2.2 Sample Preservation 

Samples are preserved in order to prevent or minimize chemical changes that could occur during 

transit and storage. Sample preservation should be perfonned immediately upon sample 

collection to ensure that laboratory results are not compromised by improper coordination of 

preservation requirements and holding times. Samples will be preserved immediately and stored 

on ice in coolers prior to shipping. Sample preservation requirements are based on the most 

current publication of 40 CFR, Part 136.3 and are provided in Table 1. 

2.2.3 Sample Holding Times and Analyses 

Sample holding times are established to minimize chemical changes in a sample prior to analysis 

and/or extraction. A holding time is defined as the maximum allowable time between sample 

collection and analysis and/or extraction, based on the nature of the analyte of interest and 

chemical stability factors. Holding times applicable for analytes are listed in Table 1. Samples 

should be sent to the laboratory as soon as possible after collection by hand delivery or an 

ovemight courier service to minimize the possibility of exceeding holding times. 

For most samples, preservation by cooling to 4°C is required immediately after collection while 

the samples are held for shipment and during shipment to the laboratory. 

2.3 Sample Preparation and Shipping 

After collection, samples will be labeled and prepared as described in the previous discussion, 

and placed on ice in an insulated cooler. The sample containers will be placed in re-closeable 

plastic storage bags. Samples will then be placed right side up in a cooler with ice for delivery to 

the laboratory. The ice in the cooler will be double-bagged. The coolers will be taped shut and 

34 
II 

359265 7/31/2012 10:54 AM Patricia Berger 

35 of 38 COV RS239.50 DSO.OO Lake County Recorder 

chain-of-custody seals will be attached to the outside of the cooler to ensure that the cooler 

cannot be opened without breaking the seal. Final packaging and shipping will be conducted in 

compliance with current lATA Resolution 618 and DOT 49 CFR Part 171 Regulations. ^ 

All samples will be shipped for laboratory receipt and analysis within the holding times specified 

in Table 2. This may require daily shipment of samples with short holding times. 

2.4 Sample Documentation and Tracking 

This section describes the information that should be provided in field notes and sample Chainof-Custody documentation. 

2.4.1 Field Notes 

Documentation of observations and data acquired in the field provide information on sample 

acquisition, field conditions at the time of sampling, and a permanent record of field activities. 

Field observations and data collected during routine monitoring activities will be recorded with 

waterproof ink in a permanently bound weatherproof field log book with consecutively 

numbered pages or on field data sheets as specified in the project SOPs. 

Field notebook and/or data sheet entries will, at a minimum, include the information listed 

below. Relevant SOPs should be consulted to supplement this list. 

Project name; 

Location of sample; 

Data and time of sample collection; 

Sample identification numbers; 

Description of sample (matrix sampled); 

Sample depth (if applicable); 

Sample methods, or reference to the appropriate SOP; 

Field observations; 

Results of any field measurements, such as depth to water, pH, temperature, specific 

conductance; and 

Personnel present. 

Changes or deletions in the field book or on the data sheets should be recorded with a single 

strike mark, and remain legible. Sufficient information should be recorded to allow the sampling 

event to be reconstmcted without having to rely on the collector's memory. 

A ll field books will be signed on a daily basis by the person who has made the entries. Anyone 

making entries in another person's field book will sign and date those entries. 

2.4.2 Sample Chain-Of-Custody 

During field sampling activities, traceability of the sample must be maintained from the time the 

samples are collected until laboratory data are issued. Establishment of traceability of data is 

35 
il 

359265 7/31/2012 10:54 AM Patricia Berger 

36 of 38 COV RS239.50 DSO.OO Lake County Recorder 

cmcial for resolving future problems if analytical results are called into question and for 

minimizing the possibility of sample mix-up. Initial information conceming collection of the 

samples will be recorded in the field log book or on data sheets as described above. Information 

on the custody, transfer, handling and shipping of samples will be recorded on a Chain-ofCustody (COC) form. 

The sampler is responsible for initiating and filling out the COC form. The COC will be signed 

by the sampler when he or she relinquishes the samples to anyone else. A COC form will be 

completed for each set of water quality samples collected, and will contain the following 

infonnation: 

Sampler's signature and affiliation 

Project number ^ 

Date and time of collection 

Sample identification number 

Sample type 

Analyses requested 

Number of containers 

Signature of persons relinquishing custody, dates, and times 

Signature of persons accepting custody, dates, and times 

Method of shipment 

Shipping air bill number (if the samples are shipped) 

Any additional instmctions to the laboratory. 

The person responsible for delivery of the samples to the laboratory will sign the COC form, 

retain the third copy of the form, document the method of shipment, and send the original and 

the second copy of the form with the samples. Upon arrival at the laboratory, the person 

receiving the samples will sign the COC form and retum the second copy to the Project 

Manager. Copies of all COC documentation will be compiled and maintained in the central files. 

The original COC forms will remain with the samples until the time of final disposition. After 

retuming samples for disposal, the laboratory will send a copy of the original COC to the 

Operator. This will then be incorporated into the central files. 

36 
Table 1 Sample Containers, Preservation Methods, and Holding Times 

r.V.v ftfiatyte;'.'' •Cotitaitiei*'* HoJdlrtBstinMi^ 

pH P,G No Cool, 4°C 7 days''*' 

Specific conductance P,G No Cool, 4°C 28 days 

Total alkalinity (as CaCOa) P.G Yes Cool, 4°C 7 days'"' 

Total dissolved solids P.G Yes Cool, 4°C 7 days 

Total suspended solids P.G No Cool, 4°C 7 days 

Chloride P.G Yes None required 28 days 

Mercury P,G Yes HNO3 to pH<2 28 days 

Nitrate as N P.G Yes Cool, 4°C 2 days 

Nitrite P No Cool, 4''C 48 hours 

Nitrate-Nitrite P No H2SO4 to pH <2 28 days 

Total Phosphorus P.G Yes Cool, 4°C, H2SO4 to pH <2 28 days 

Orthophosphate P Yes Cool, 4''C 48 hours 

Radionuclides (total) P,G No HNO3 to pH <2 6 months 

Radionuclides (dissolved) P.G Yes HNO3 to pH <2 6 months 

Silica P Yes Cool, 4''C 28 days 

Sulfate P.G Yes Cool, 4°C 28 days 

Dissolved metals P.G Yes Cool, 4°C, HNO3 to pH <2 6 months 

Total metals P,G No Cool, 4°C, HNO3 to pH <2 6 months 

Total recoverable metals P.G No Cool, 4°C, HNO3 to pH <2 6 months 

n 

o 

< 

l-^J — 

U J ,-

*''Bottle code: P=polyethylene bottle with polyethylene-lined lid. G=glass bottle with Teflon-lined polyethylene lid. 

Samples requiring filtration must be filtered in the field using a 0.45 pm membrane filter before preservative is added. 

Holding times start at date of sample collection. 

Sample pH and alkalinity should be analyzed as soon as possible after collection. However, for practical purposes, the holding times have been set at seven 

days. The 14 day holding time specified in 40 CFR 136.3, Table II, is considered to be Inappropriate for the high carbonate waters ofthe system. 

vo O i 

O S i 

° ^ i O > ! 

tr 13 

» Sl ?r pr rt 3. 

c 

e CB 

J rt 

rt 

o 

o 

37 
A Zone 

^ -39 15-

39'15'0 

39'U'JO-N39 U-01*-

39'13'30-N15'30-N 

-39'15'0-N 

' -39-14'30-N 

•39 U'O-N 

-39'13'30-N 

106 ir3o-w 106 IT-OT/V 106 16'30-W 106 16'0"W 

0 

1 

106"15'30-W 106-15'0"W 

0.5 

I 

106 14'301/V 106*140-W 

2 Kilometers 

106-13'30-W 106*13'0-W 

J I t I 
3 5 9264 7/31/2012 10:50 AM Patricia Berger 

1 of 7 COV R$45.25 DSO.OO Lake County Recorder 

Environmental Covenant for Black Cloud Mine Tailings Propertv 

This property is subject to an Environmental Covenant held by 

the Colorado Department of Public Health and Environment 

pursuant to section 25-15-321, C.R.$. 

ENVIRONMENTAL COVENANT 

Resurrection Mining Company ("Resiurection") grants an Environmental 

Covenant ("Covenant") this S"^ day of k-9Vi ^ , 2011 to the Hazardous 

Materials and Waste Management Division of the Colorado Department of Public Health 

and the Environment ("the Department") pursuant to § 25-15-321 of the Colorado 

Hazardous Waste Act, § 25-15-101, etseq. The Department's address is 4300 Cherry 

Creek Drive South, Denver, Colorado 80246-1530. 

WHEREAS, Resurrection is the owner of certain property situated in Lake 

County, Colorado, more particularly described in Attachment 1, attached hereto and 

incorporated herein by reference as though fiilly set forth (hereinafter referred to as "the 

Property"); and 

WHEREAS, pursuant to that Consent Decree among Resurrection, Newmont 

USA Limited ("Newmont"), the State of Colorado and the United States, which was 

entered by the U.S. District Court for the District of Colorado on August 29, 2008 in 

State of Colorado v. Asarco Incorporated, et al. ("Consent Decree"), Resurrection has 

agreed to grant an Environmental Covenant in accordance with the terms thereof. 

NOW, THEREFORE, Resurrection hereby grants this Environmental Covenant to 

the Department and EPA as a third party beneficiary, and declares that the Property as 

described in Attachment A shall hereinafter be bound by, held, sold, and conveyed 

subject to the requirements set forth belo^y, which shall mn with the Property in 

perpetuity and be binding on Resurrection, its heirs, successors and assigns, and any 

persons using the land, as described herein. As used in this Environmental Covenant, the 

term "Owner" means the record owner of the Property and any other person or entity 

otherwise legally authorized to make decisions regarding the transfer of the Property or 

placement of encumbrances on the Property, other than by the exercise of eminent 

domain. 

I) Use Restrictions. 

No uses or activities that would in any manner interfere with or adversely affect the 

itnplementation, integrity, or protectiveness of the reclamation and closure actions that 

have been or will be performed or instituted on the property including, without limitation, 

revegetated areas, retaining ponds, adits, roads, ditches, pipelmes, utility corridors, waste 

disposal facilities, tailings ponds, monitoring wells, signs and govemmental use 
359264 7/31./2012 10:50 AM Patricia Berger 

2 of 7 COV RS45.25 DSO.iX) Lake County Recorder 

restiictions and controls, shall be allowed. These restrictions will not apply to any fiiture 

mineral prospecting, exploration or mining activities conducted on the property in 

accordance with the Colorado Mined Land Reclamation Act and implementing 

iregulations. 

2) Inspections. 

The Department and EPA as the named third party beneficiary shall have the right of 

entry to the Property at reasonable times with prior notice for the purpose of determining 

compliance with the terms of this Covenant. Nothing in this Covenant shall impair any 

other authority the Departraent may otherwise have to enter and inspect the Property. 

3) Termination. 

This Covenant mns with the land and is perpetual, unless terminated or modified 

pursuant to this Section or Section 4. Owner may request that the Department approve a 

termination or modification of this Covenant. Consistent with C.R.S. 25-15-319(l)(h), 

the Department shall terminate this Environmental Covenant in whole or in part when, Ln 

addition to satisfying the requirements pf C.R.S. 25-15-321(3) and (5), Owner provides 

the following applicable showings to the Department: 

a. Restrictions on uses or activities that would disturb or have the potential to, 

disturb caps, covers or revegetated areas, or interfere or have the potential 

to interfere with or adversely affect the implementation, integrity, or 

protectiveness of the reclamation actions that have been or will be 

performed or instituted on the property shall be terminated if the waste in 

place within the area proposed for disturbance is removed or response 

facilities on the property are dismantled with the approval of EPA and the 

State. 

b. In addition to the grounds for termination set forth in Section 3.a, the ' 

Environmental Covenants shall also be terminated as to all or part of the 

Property ifit is demonstrated to the Department that the proposed 

termination will ensure protection of human health and the environment, 

in accordance with C.R.S. 25-15-319(l)(h). 

Consistent with C.R.S. 25-15-321(6), the Department shall provide to Owner a written 

determination on all applications to terminate this Environmental Covenant within 60 

days after receipt of such application. 

4) Modification. 

The Department shall modify this Environmental Covenant in whole or in part when, in 

addition to satisfying the requirements of C.R.S. 25-15-321(3) and (5), Owner 

demonstrates to the Department that the proposed modification will ensure protection of 

human health and the environment, in accordance with C.R.S. 25-15-3I9(l)(h). 
359264 7/31/201210:50 AM Patricia Berger 

3 of 7 COV ^ RS45.25 DSO.OO Lake County Recorder 

Consistent with C.R.S. 25-15-321(6), the Department shall provide Owner a written 

detennination on all applications to modify this Environmental Covenant within 60 days 

after receipt of such application. 

5) Conveyances. Within thirty days (30) after any grant, tiansfer or conveyance of 

any interest in any or all of the Property, the transferring Owner shall notify the 

Department and EPA as the named third party beneficiary of such grant, transfer or 

conveyance. 

6) Notice to Lessees. Owner agrees to incorporate either in full or by reference the 

restrictions of this Covenant in any leases, licenses, or other instruments granting a right 

to use the Property. 

7) Notification for proposed constmction and land use. Owner shall notify the 

Department and EPA as the named third party beneficiary simultaneously when 

submitting any application to a local govemment for a building permit or change in land 

use that would authorize a land use prohibited under Section 1. 

8) No Liability. The Department does not acquire any liability under State law by 

virtue of accepting this Covenant. 

9) Enforcement. The Department and EPA as the named third party beneficiary may 

enforce the terms of this Covenant pursuant to §25-15-322. C.R.S., and may file suit in 

district court to enjoin actual or threatened violations of this Covenant. 

10) Notices. Any document or communication required under this Covenant shall be 

sent or directed to: 

Notices to the Department shall be provided to: 

[appropriate Program Manager or Unit leader] 

Hazardous Materials and Waste Management Division 

Colorado Department of Public Health and the Environment 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Notices to EPA shall be provided to: 

EPA Remedial Project Manager 

Califomia Gulch Superfund Site 

United States Environmental Protection Agency, Region 8 

(8EPR-SR) 

1595 Wynkoop Stireet 

Denver, CO 80202-1129 
359264 7/31/201210:50 AM Patricia Berger 

4 of 7 COV RS45.25 DSO.OO Lake Countv Recorder 

Notices to Resurrection shall be provided to: 

Law Department 

Resurrection Mining Company 

6363 South Fiddlers Green Circle, Suite 800 

Greenwood Village, CO 80111 

And 

Director of Reclamation and Closure 

Resurrection Mining Company 

6363 South Fiddlers Green Circle, Suite 800 

Greenwood Village, CO 80111 

Either party may change its designated notice recipient upon 5 days prior to notice to the 

other party. 

11) Property Modification. Pursuant to the Consent Decree, this Environmental 

Covenant is intended to cover only that portion of the Property on which the Settling 

Defendants own the entire fee title. If Resurrection and the Department hereafter agree 

that, as of the date of this Environmental Covenant, the Settling Defendants did not own 

the entire fee titie in any portion of the Property, the Department will modify Attachment 

I hereto to exclude that portion of the Property firom coverage under this Environmental 

Covenant. 

Resurjiection has caused this instrument to be executed this S day of 

CJ-f ^ ,2011. 

Resurrection Mining Company 

By:. 

Titie 

STATE OF QjJeAtJ?) ) 

) SSI 

COUNTY OF dA^aJi ^ ) 

Company 

The foregoing instrument was acknoj^ledged before me this,-^A-day of 

, 2011 by, ^y!z|<^^ta^-/: y^/;^Zz2^<^,^^ehalf of Resurrection Mining 
My comniission expires:_ 

359264 7/31/201210:50 AM Patricia Berger 

5 of ,7 COV R$45.25 DSO.OO I.ake County Recorder 

Notary Public 

Address ^rtitanBz&,,p^. 2Z>6 

Accepted by the Colorado Department of Public Health and Environment this 

of -XT^^fZ ,Z£^. 

By: C_ 

Title: J);-;i^fL^ y/>^z^i^2> 

T 

STATE OF CGLO^^'g^Q ) 

) ss: 

COUNTY OF Dg^aog^^ ) 

The foregoing instmment was acknowledge^ before me this^^day of 

<^ ,Qai^ hy(^M4MlML 

Department of Public Health and Environmi 

\or\ ^ hy(-fAQ_xj(A F^AoQU/MfkO on behalf of the Colorado 

Notary Public 

Address \^ 

My commission expires: 
359264 7/31/2012 10:50 AM 

6 of 7 COV R$45.25 DSO.OO 

Patricia Berger 

Lake County Recorder 

ATTACHMENT 1 

TO ENVIRONMENTAL COVENANT 

THE PROPERTY 

Survey Number Claim Name 

1536 Clear Grit 

1778 Ella Beeler 

2249 Montreal 

2619 Slide 

3160 American Liberty 

3398 Constance 

3391 Jane Eugene 

3604 Almeda 

3605 Josie 

4033 Helena 

4724 Bank 

4727 Little Fred 

4728 Eagle 

4728 Iowa 

5740 Harry Steele 

9304 Tyrant Lode 

15908 Lady Alice 
Black Cloud Zone 

•13'X'X 

115 

_ l _ 

230 

_ 1 _ J I L 

460 Meters 

_ |