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!*^ —% T>R UNITE D STATE S ENVIRONMENTA L PROTECTIO N AGENC Y

REGIO N VII I

9 99 18th STREET - SUITE 500

DENVER , COLORAD O 80202-2466

Ref: 8EPR-S R

ACTION MEMORANDUM --ENFORCEMENT

DATE : Jul y3 19, 1996

375910

SUBJECT : Request for Removal (Response ) Action s at the California Gulch National Priorities List Site , Leadville , Colorado: ACTION MEMORANDUM for PRP Financed Removal Action s in White s Gulch, a portion of Operable Unit 4 (OU 4)

FROM: Rebecca Thomas, 8EPR-S

T O: Max H. Dodson, Assistan t Regional Administrator Offic e of Ecosystems Protection

and Remediation

Final NPL Sit e ID # 29

CERCLI S ID # COD980717938

Category of Removal: Non-Tim e Critical

I . Purpose

Thi s Actio n Memorandum documents the Agency' s decision to

conduct the Removal (response ) Actions described herein for White s Gulch within Upper California Gulch (OU 4) . The White s Gulch drainage is an area which has been contaminated by the

mine waste piles , mill tailin g and fluvial tailin g material

from historic mining and millin g operations. The evaluation

of alternatives available to address this area are contained

i n the final Engineering Evaluation/Cos t Analysi s (EE/CA) for White s Gulch within Upper California Gulch, Operable Unit 4, California Gulch Superfun d Site , Leadville , Colorado which i s

dated Jul y 1996. The EE/CA was prepared by Resurrection Mining Company ("Resurrection"), Denver, Colorado for a

portion of the California Gulch Superfun d Sit e (Site ) within

its "area of responsibility " as defined by the August 26, 1994

consent decree between the United State s and Resurrection. T he Removal Action s at the Whites Gulch site are consistent

with the overall remedial activities to be undertaken by Resurrection at OU 4. As such, the Removal Actio n

alternatives evaluated in the EE/CA are considered to

represent interim response actions, but the removal

alternatives will also be evaluated as final remedial

alternatives in the Feasibilit y Stud y (FS) and Record of Decision (ROD) for OU4. The Removal Action s are not intended

Printed on Recycled Paper
to be final actions, but are rather intended.to contribute to

the efficien t performance of the remedial actions for OU 4. ;| T he ROD for OU 4 will ultimatel y determine whether further

remedial actions are required.

The primary goal of these removal actions is to reduce the

risk to the aquatic and terrestrial ecosystems by reducing the

release of contaminated material into the environment from

t he Agwal t Mine and Waste Rock Pile UCG-92A (Printer Girl )

which are located in White s Gulch. These removal actions will

also reduce the potential for leaching and migration of metals

from the mine wastes into surface and ground waters.

Remedial action objectives were identified in the Final Screenin g Feasibilit y Stud y for Remediation Alternatives at

t h e California Gulch NP L Site , Leadville , Colorado (SFS) ,

(EPA, 1993a) . Consistent with the SFS, removal action

objectives for Whites Gulch are:

O Control wind and water erosion of waste rock

material from the source locations

O Control leaching and migration of metals from waste

rock into surface water

O control leaching and migration of metals from

waste rock into groundwater

Removal alternatives to directl y remediate surface water or

ground water in the vicinity of White s Gulch are beyond the

scope of this EE/CA . Consistent with the Consent Decree and Work Area Management Plan (WAMP), Applicabl e or Relevant and Appropriate Requirements (ARARs) specifi c to surface water and

groundwater are not included as performance standards for

evaluation of this response action.

I I. California Gulch Sit e - Conditions an d Background

T he California Gulch Sit e was listed on the National Priorities Lis t on September 8, 1983.. The Sit e is in a mining

area covering 16 1/2 square miles of a watershed area that

drains along California Gulch to the Arkansas River. Startin g

in 1859, the area was mined extensively for gold, lead,

silver, copper, zinc, and manganese. California Gulch

collect s runof f that drains numerous abandoned mines and "

wastes from mining, millin g and smelting. Seventy-five known

mill s dumped tailings into 5-6 miles of drainages and 6 impounded tailings dumps surround the Cit y of Leadville . Many

smelters operated at various times around the Cit y processin g

silver, lead, and zinc. Heavy metal residues are present in

much of the City . The Arkansas River which receives water
from the California Gulch, has been classified as a

recreational resource, and is used heavily for irrigation,

livestock watering, public water supplie s and fisheries . Approximatel y 4,000 live in nearby Leadville and Lake County.

(Se e Sit e Location Map - Figure 1)

III . Condition s an d Background

T he Agwalt Mine site is located in Whites Gulch, approximately

2500 fee t upstream of its confluence with California Gulch. Thi s mine is situated along the lower west facin g slopes of Breece Hil l between the Pilot and Westo n fault s and is •<-!

included in OU 4 for the Site . OU-4 is defined as the area

hydrologicall y drained by California Gulch from immediately

upstream of the Yak Portal to the headwaters of the gulch. Prominent features at the Agwal t Mine site include a waste

rock pil e covering an area of approximately 1.4 acres and a collapsed mine portal . A steam engine and other mining

remains are located adjacen t to the collapsed portal

(SMI/TerraMatrix , 1994b) . Mine cart tracks and other mining

remains are littered across the top of the waste rock pile .

Waste rock pil e UCG-92A (Printer Girl ) located downstream of

the Agwal t mine site and slightl y upstream of the confluence

of White s Gulch and Upper California Gulch, is bisected by the

access road to the site.. Portions of waste rock pil e UCG-92A

are located within the stream channel.

T he general locations of the Agwal t Mine site and Waste rock

pil e UCG-92A (Printer Girl ) are shown, on Figure 2 (Attached) .

Surfac e water data indicate that the waste rock pile s continue

to contribute to surface water contamination (acidic pH levels; elevated metals loadings) in Upper California Gulch. Field observations by Resurrection indicate that water

discharges from the toe of the Agwal t waste rock pile . Sectio n 2.3.3. of the EE/CA discusses water quality data for

samples collected in the vicinity of these areas.

B. Other Action s to Date

None.

C. Stat e and Local Authorities Roles

O The Draf t EE/CA was issued for public comment and a public hearing was held to discuss this Removal Action . EPA, CDPHE , Lake County and ASARCO

commented on the Draf t EE/CA . Resurrection
responded to those comments by letter dated Jul y 8,

1996. No substantive comments were received from

the Public at the hearings.

O Cultural Resources Concern: Foothill s Engineering

Consultants , Inc. (FEC) conducted a cultural

resource investigation at The Agwal t Tunnel . site

5LK85 1 on Jul y 11 and 12, 1994. The survey was

conducted for Resurrection Minin g Company in Operable Unit 4 (OU4) , California Gulch Superfun d Site , Lake County, Colorado. FEC recommends that

t he Agwal t Tunnel , site 5LK851 , be considered

eligible for nomination to the National Registry of Histori c Places (NHRP) under criterion D. FEC also

recommends that the site be considered a contributing element to the Leadville Mining District (5LK856) . According to the FEC

investigation, Sit e 5LK85 1 does not meet the

necessary criterion for a contributing element to

t he existing National Histori c Landmark District .

In September and October of 1995, personnel from P-III Associates , Inc. , conducted a cultural

resource inventory of a waste rock pile (designated

as Pile UCG-92A ) at the Printer Girl Mine located in White s Gulch, and several potential access road

corridors in the California Gulch area of Lake County, Colorado. As a result of the cultural

resource investigations, one historic site and one

historic isolated fin d were located and documented. By definition , the isolated fin d is not eligibl e for

inclusion in the NRHP. Likewise, the site is also

considered neither individuall y eligibl e for the NRHP nor as a contributing element of the proposed Leadville Mining District (5LK856) .

Once a final determination of eligibilit y has been

made, an assessment of effec t must be performed for

t he response actions considered for the Agwal t Mine,

site 5LK851 and waste rock pil e UCG-92A

O City of Leadville: EPA has notified the citizens of Leadville by the release of and acceptance of public

comment on the Engineering Evaluation/Cos t Analysi s

(EE/CA) concerning this removal action. Under CERCLA § 121 (e) , no Stat e or local permits are .-,

required for the excavation since this is an on-site

action conducted pursuant to CERCLA Section s 104 arid

122.
I V. Threat s to Public Health or Welfar e or the Environment,

and Statutor y and Regulatory Authorities

A Baseline Aquatic Ecology Risk Assessment (BAERA), California Gulch, Leadville , Colorado (Roy F . Weston , Inc. [WESTON] ,

1994) identifie s the Site-wide impact of mine waste

contamination on the aquatic ecosystems at the Site . The BAERA provides a conceptual model of Site-wide exposure for

aquatic receptors.

Seeps and mine portal discharges contain low pH and elevated

metals. Mine waste contains lead, arsenic and zinc. Leachate

is highl y acidic and has elevated levels of zinc, cadmium, ,

iron, lead and sulfate . Thi s leachate is similar to seep

 ;

-

water collected at the toe of waste rock pile and downstream1

in California Gulch.

V. Endangerment Determination

Actual and/or threatened releases of hazardous substances

from the Agwal t Mine site and waste rock pil e UCG-92A (Printer Girl) , if not addressed by implementin g the removal actions

selected in this Action Memorandum, may present an

endangerment to public health, or welfare , or the environment.

V I . Proposed Actions/Performanc e Standards/Estimated Cost s

A. Proposed Action s

T he proposed response action for the Agwal t Mine

site is identified in the EE/CA as Alternative A.

(Drawing No. 3, EE/CA )

1 . Diversion o f surface water flo w an d portal flo w ..!.'.' /

around the waste rock by the construction of new

concrete lined channels to prevent run-on to and/or

filtratio n through the waste rock. Two channels

would be constructed. Diversion Channel A would be

constructed along the south edge of the waste rock

pil e and would divert runof f from the southern

stream channel around the mine site. Diversion

Channel B would be constructed along the north edge

of the waste rock pil e and would divert runof f from

the northern stream channel around the mine site.
2. A portal collectio n system and pipelin e would be

constructed to divert portal flo w to Channel B. Channels A and B joi n below the waste rock pil e and

discharge through an apron outlet to the White s Gulch stream channel.

3. Best Management Practices (BMPs) would be utilized

during all construction activities at the Agwal t

 :

Mine site. Temporary sediment control structures,

including placement of straw bales, sediment control

fences , or small berms would be utilized to control

sediment runof f from the site, In addition , dust

control, (includin g the use of a water truck) would

be practiced during construction.

T he proposed response action for waste rock pile UCG-92A (Printer Girl ) is identified in the EE/CA as Alternative A.

1. Approximatel y 300 cubic yards of waste rock

from pil e UCG-92A would be removed from the White s Gulch stream channel and placed on the

main pile to the north of the access road.

2. A lined Stream Remediation Channel (SRC) would

be constructed along the alignment of the

existing White s Gulch stream channel, along the

south toe of waste rock pile UCG-92A . A portal

collectio n system and pipelin e would divert .;,

portal flo w to the SRC . the SRC would ^--

discharge through an outlet apron for energy

dissipation , prior to discharge to the natural Whites Gulch stream channel.

3. Another Channel, designed to collect runon from

the area north of waste rock pile UCG-92A will

also be constructed.

4. Best Management Practices (BMPs) would be

utilized during all construction activities at

t he Agwal t Mine site. Temporary sediment

control structures, including placement of

straw bales, sediment control fences , or small

berms would be utilized to control sediment

runof f from the site, In addition , dust

control, (including the use of a water truck)

would be practiced during construction.
B. Applicabl e or Relevant and Appropriat e Requirements (ARARs)

ARARs are identified in Appendix F of the EE/CA . They will be met by.implementin g the Performance Standards

identified in Sectio n C.

1. Chemical Specifi c ARARs

Chemical-specifi c requirements are based on

health or risk-based concentration limit s or

discharge limitation s in environmental media (i.e.

water, air) for specifi c hazardous chemicals. These

may be used to set cleanup levels for chemicals of

concern (in this case, metals ) in the designated

media, or to set a saf e level of discharge (e.g.

waste water discharge, taking into account water

quality standards) where a discharge occurs as part

of the removal activity.

2. Action Specifi c ARARs -

Action-specifi c ARARs are activity-based

requirements triggered by the particular removal

activities selected. Regulations regarding worker

health and safet y (i.e. OSHA requirements) are not

technicall y ARARs as they are not environmental or

public health requirements.

In additio n to the Action-Specifi c ARARs identified

in Table F.2 , RCRA Subtitl e C may be relevant and

appropriate i f the wastes fai l Toxicit y Characteristic Leaching Procedure (TCLP) or if they

exhibit other characteristics of a RCRA hazardous

waste. Portions of RCRA Subtitl e C that address low

permeabilit y cover of characteristic wastes and

provide for the continued collectio n of leachate and

continued runon and runof f control may be relevant .

and appropriate to this removal action. For

additional information , refer to Table F.2 attached.

Location Specifi c ARARs -

Location-specifi c ARARs are restrictions placed on

the types of activities that may occur in

particulate locations. The location of a site may

be an important characteristic in determining its

impact on public health and the environment; thus

state standards ofte n establish location-specifi c ARARs . These ARARs may restrict or preclude certain
remedial actions or may appl y only to certain

portions of a site. Examples of location-Specifi c ARARs include federal and state requirements for

preservation of historic landmarks, endangered

species and wetlands protectio n and floodplai n

restrictions on management of hazardous waste. F or additional information , refer to Tabl e F.I

attached.

.iO

C. Performance Standards

The ARARs are being met through the Performance Standards . Performance Standards shall be attained

consistent with ARARs and EPA approved removal action. T he Performance Standards are described below:

1. The response actions as designed and constructed

shall include provisions to ensure that there are no

visible emissions (dust ) from the Agwal t Mine site

or waste rock pil e UCG-92A (Printer Girl ) during and

followin g construction of the removal action.

2. The response actions as designed and constructed

shall include provisions to ensure that there is no

erosion of the tailings materials or sediments due

to rain or snow melt .

3. The design shall contain requirements to ensure

that erosion, run-on, and run-of f are prevented and

to ensure slope stability . Rain, flood and snow

melt shall not be allowed to run onto or from the

tailings area. All slopes shall be graded to be

permanently stable.

4. A long-term maintenance program may be implemented,

if required by the final ROD for OU 4, to ensure the

long-term effectivenes s of this response action.

D. Projec t Schedule

T he Projec t Schedule will be documented in the

EPA-approved removal action Work Plans . The construction

of this removal action should be completed by October 1996. Upon completion of construction of the

removal actions and attainment of the Performance Standards , long-term maintenance and monitoring will be

initiated, if necessary.
E. Estimated Cost s

As provided in the final Engineering Evaluation/Cost Analysis , Final Revision dated Jul y 1996, the estimated

total cost for the proposed removal action described for

t he Agwal t Mine site is $171,788. Similarly , the total

estimated cost for waste rock pile UCG-92A (Printer Girl )

is $131,406. Detail s are provided Appendix G of the

EE/CA .

VII. Expected Change in the Situatio n Should Actio n Be Delayed or N ot Taken

Should this removal action be delayed, or not taken at all , a

potential risk of exposure to heavy metals contained in the

mine waste, groundwater and surface water will continue to

exist.

VIII . Outstanding Policy Issues

A Record of Decision will be issued for OU 4 of the Sit e

selectin g the final remedial action includin g the Agwal t Mine

site and waste rock pil e UCG-92A (Printer Girl ) portions of

t he Site .
I X . Enforcement

Resurrection Mining Company is the party that has agreed to

implement response actions for the OU 4 portions of the Site .

X. Recommendation

Thi s decision document represents the selected Removal Actio n

f or a portion of OU 4 of the California Gulch Superfun d Site ,

in the Cit y of Leadville , County of Lake, Stat e of Colorado. It was developed in accordance with CERCLA, as amended, and is

not inconsistent with the NCP. Thi s decision is based on the Administrative Record for the Site .

Condition s at the Agwal t Mine site and waste rock pil e UCG-92A (Printer Girl) , meet the NCP Sectio n 300.415(b)(2 ) criteria

for a removal and I recommend approval of the proposed removal

action.

APPROVAL

M ax H. rfodso n Assistant Regional Administrator Offic e of Ecosystems Protection

and Remediation

DISAPPROVA L

M ax H. Dodson Assistan t Regional Administrator Offic e of Ecosystems Protection

and Remediation

10
ti

C O L\O R A D O

NOT TO SCALE

CALIFORNIA GULCH SUPERFUNb SITE

I'xtjrtl

664- O WO

KESWLOC.DWG

J.ttAY

liiaiim By: K.CONRATH

RESURRECTIO N MININ G COMPAN Y O NE UNITED B«>M CtNU R 1700 LNCOCN SmEE T OCNVER. CCXORADO (0101

N/A

D'ttr

JUNE 1995

FIGURE 1

CALIFORNIA GULCH SITE

GENERAL LOCATION
AGWAL T MIN E SIT E

WHITE S GULC H

WAST E ROCK PIL E 92A

SCALE IN FEET

LEGEND

L, OPERABLE UNIT 4

Project No.:

664-OWO

File:

OU4-LOC.DWG

Design By: J. WEINMAN razun By: M. MA THIS EN

RESURRECTIO N MININ G COMPAN Y O N E UNITE D BAN K CENTE R 1700 LINCOL N STREE T DENVER . COLORAD O 80203

Scale:

r.- sooo"

Dale:

April 1996

FIGURE 2

WHITES GULCH EE/CA

OPERABLE UNIT 4/AGWALT MINE SITE & WASTE ROCK PILE 92A
Standard, Requirement Criteria, or Limitation

TABLE F.1 POTENTIA L FEDERA L AND STAT E LOCATION-SPECIFI C ARARs

Citation Description

FEDERAL

Endangered Species Act

Fish and Wildlife Coordination Act

Wilderness Act

Executive Order No. 1 1 988 Floodplai n Management

Section 404, Clean Water Act

T he Archaeological and Historic Preservation Act of 1 974

National Historic Preservation Act (NHPA )

E.G. 1 1 593 Protection and Enhancement of the Cultural Environment

T he Archeological Resources Protection Act of 1979

Resource Conservation and Recovery Act (RCRA), Subtitle D

16 USC § 1531 et seq.

50 CFR § i 200 and 402

16 USC i 661 etseo.

40 CFR f 6.302

16 USC 1311, 16 USC 668; 50 CFR 53, 50 CFR 27

40 CFR f 6.302 <b) Appendix A

33 USC 1251 et sea.

40 CFR §i 230,231

33 CFR parts 320-330

16 USC 469; 40 CFR 6.301 {c>

16 USC i 470 et sea.

40 CFR § 6.30Kb)

36 CFR i Part 63, Part 65. Part

800

16 USC 470

16 USC 470aa-4701 1

40 CFR 258.10-15

Provide protection for threatened and endangered species and their habitat.

These standards require protection of fish and wildlife in water resource

development programs, or actions which impound divert or control or modif y any

body of water.

Limit s activities within areas designed as wilderness areas or National Wildlife Refuge Systems.

Pertains to floodplai n management and construction and impoundments in such

areas.

These standards prohibit discharge of dredged or fill material into waters of the United States without permit.

Establishes procedures to provide for preservation of historical and archeological

data which might be destroyed through alteration of terrain as a result of a federal

construction project or a federally licensed activity program.

Expands historic preservation programs; applie s to resources eligible for listin g on

t he Natural Register for Historic Places.

Federal agencies directed to institute procedures to ensure programs contribute to

the preservation and enhancement of non-federally owned historic resources. Consultation with the Advisory Council on Historic Preservation required.

Requires a permit for any excavation or removal of archeological resources from

public lands or Indian lands. Facilitie s where treatment, storage, or disposal of solid waste will be conducted

must meet certain location standards. These include location restrictions on

proximity to airports, floodplains , wetlands, faul t areas, seismic impact zones, and

unstable areas.
TABLE F.1 POTENTIAL FEDERAL AND STAT E LOCATION-SPECIFI C ARARs

Standard. Requirement Criteria, or Limitation Citation Description

STATE OF COLORADO

Nongame, Endangered or Threatened Species Act

Colorado Register of Historic Places

Colorado Historical , Prehistorical,

and Archaeological Resources Act

Colorado Species of Special Concern and Species of Undetermined Status

Colorado Natural Areas

State Solid Waste Disposal Sites

a nd Facilities Act , Colorado Revised Statutes , Title 30, Article

20, Sections 101-118

CRS §i 33-2-101 to 108

CRS ii 24-80.1-101 to 108

CRS §§ 24-80-401 to 410

1301 to 1305

Colorado Division of Wildlife Administrative Directive E-1 ,

1985, modified

Colorado Revised Statutes , Title

33, Article 33, Sec. 1 04

6 CCR 1007-2

6CC R 1007-2, Part i

These standards provide for the regulation of nongame wildlif e and threatened anc

endangered species. Authorizes State Historical Society to nominate properties for inclusion on State Register.

Concerns historical, prehistorical and archaeological resources; applies only to

areas owned by State or its political subdivision.

Protects animals listed on the Colorado Division of Wildlife generated list. Coordination with the Division of wildlife is strongly urged if animal species are to

be impacted. T he Colorado Natural Areas Program maintains a list of plant species of special

concern for the State. Although not protected by State statue, coordination with Division of Parks and Outdoor Recreation is recommended if activities will impact

listed species.

Establishes regulations for solid waste management facilities , includin g location

standards.

Establishes broad citing criteria and site evaluation procedures for individual

storage and disposal units (i.e., impoundments, landfills, etc.)
TABLE F.2 POTENTIA L FEDERA L AND STAT E ACTION-SPECIFI C ARARs

Standard. Requirement Criteria, or Limitation Citation Description

FEDERAL

Clean Air Act

Solid Waste Disposal Act as

amended by the Resource Conservation and Recovery Act of

1976 (RCRA)

Hazardous Materials Transportation Act

Occupational Health an d Safet y Act

Federal Mine Safet y and Health Act

42 USC i 7401-7642

40 CFR 60

42 USC ! 6901-6987

40 CFR 257

49 USC § 1801-1813

49 CFR 107, 171-177

29 USC i 651-678

30 USC ! 800-962

Establishes emission standards for certain categories of industrial stationary

sources.

Establishes criteria for determining which solid waste disposal facilitie s and

practices pose a reasonable probability of adverse effect s on health.

Regulates transportation of hazardous materials.

Regulates worker health and safety .

Establishes requirements to protect worker health and safet y in and around mines.

STATE OF COLORADO

State Solid Waste Disposal Sites

and Facilities Act

Colorado Mined Land Reclamation Act

Colorado Air Quality Control Act

Colorado Noise Abatement Act

Colorado Regulation for the State Discharge Permit System

Regulations on the Collection of Aquatic Life

6CCR 1007-2

CRS 34-32-1 01 to 125

2CCR 407-1

5CCRS 1001-1,3,4, 5, 8, 10

CRS 25-1 2-1 01 to 108

6.1.0, 5CC R 1002-2

2CCR 406-8, Ch. 1 3, Article III , Sec. 1316

Establishes policy for licensing, locating, constructing and operating solid waste

facilities . Regulates all aspects of land use for mining, includin g the location of mining

operations and related reclamation activities and other environmental and socioeconomic impacts.

Establishes emissions standards for particulates and lead.

Establishes maximum permissible noise levels for particular time periods and

use zones.

land

Establishes regulations for stormwater runof f at construction sites.

Requirements governing the collection of wildlif e for scientific purposes.