GABLEHOUSE GRANBERG, LLC

Attorneys and Counselors at Law

MELANIE J. GRANBERG, ESQ.

410 SEVENTEENTH STREET (303) 572-0050

SUITE 1375 (800) 818-0050

DENVER, COLORADO 80202 FAX (303) 572-3037

mgranberg@gcgllc.com

Via Email To:

Kiefer.linda@epa.gov

September 10, 2014

Linda Kiefer

U.S. Environmental Protection Agency

Region 8 - Mail Code 8EPR-SR

1595 Wynkoop Street

Denver, CO 80202-1129

Re: Docket ID no. EPA-HQ-SFUND-1983-0002

Partial Deletion of the California Gulch Superfund Site NPL

Dear Ms. Kiefer:

As you are aware, we represent Lake County. The Board of County Commissioners, Mike

Bordogna, Dolores Semsack and Bruce Hix, has authorized us to submit this comment letter on

their behalf. 

We appreciate this opportunity to comment on the proposed deletion of Operable Units 4, 5 and

7 from the California Gulch Superfund Site (the “Site”). As you are aware, Lake County has

worked very hard in conjunction with the EPA and CDPHE over the past many years to achieve

the remedial goals adopted by the agency and the community.

The Lake County Commissioners are in favor of deleting Operable Units 4, 5 and 7 from the Site

as all appropriate response actions have been completed in these units such that they no longer

pose significant threat to human health or the environment. 

While it is easy to see the tangible progress made as a result of moving, reconstructing, capping,

re-vegetating, diversion, stabilization, etc. across these three operable units, it is not so see easy

to see the positive impacts these actions have had on water quality at the Site. The

Commissioners recognize and agree that surface and ground water quality are important

concerns, especially as they impact rivers and drinking water wells. The progress achieved

through remedial and removal actions taken to date have improved both surface and ground

water quality at the Site markedly and that progress continues today. Due, in part, to some of

these improvements, the upper Arkansas River boasts some of the best fishing in Colorado. 
Linda Kiefer

September 10, 2014

Page 3 

They also recognize the importance of the fact that there were no numerical water quality limits

for contaminants of concern established as part of actions to be taken in OUs 4, 5 and 7. Instead,

when the Site was established, OU12 was designated as a separate operable unit intended to

address site-wide surface and ground water quality. Implementation of remedies in the other

operable units was intended to achieve the remedial action objectives for OU12 which, among

other things, include protection of aquatic organisms in the upper Arkansas River and preventing

ground and surface water from posing an unacceptable risk through human exposure. 

Admittedly, the years of site work have demonstrated that while the upper Arkansas River has

been protected, ground water will be an enduring problem. While everyone wishes it was not the

case, the selected remedies will not return ground water quality to its original state anytime soon. 

As such, institutional controls must be implemented, and have been implemented, to prevent the

inappropriate use of contaminated ground water. The County has taken part in adoption of local

ordinances to protect the established remedies and put interested parties on notice of remaining

contaminants of concern prior to potential disturbance.

Through diversion, excavation, consolidation cover and stabilization, erosion into local waters

and leaching/migration of metals to ground and surface water have been controlled. The

remedial action objectives for OU4 have been met and deletion of OU4 is appropriate at this

time.

Similarly, the remedial action objectives for OU5 have been met. Controlling airborne transport

of tailings, flue dust and soil as well as erosion of these materials has been accomplished through

excavation, relocation, consolidation and cover. Leaching and migration of metals to ground

water is controlled as a result of these activities and, as a result, exposures are controlled and

prevented. The adoption of institutional controls to protect the remedies and provide notice to

users of the land and water further these objectives. OU5 should be deleted from the Site.

Finally, OU7 is appropriate for deletion from the Site at this time because airborne tailings are

controlled and erosion of tailings to local waters is controlled as is migration and leaching of

metals into surface and ground water. These controls come as a result of activities in the relevant

areas of OU7 including channelizing and diverting surface waters, regrading and constructing

composite covers and re-vegetation. Long-term monitoring and adoption of institutional controls

further ensure the effectiveness of the chosen remedy for OU7.

That the remedial action objectives nowhere contain the word “eliminate” is not lost on the

County Commissioners. Control of contaminates of concern at the Site in an effort to reduce the

risk they pose to humans, animals, aquatic species and the environment has been the goal and

that goal has been met in OUs 4, 5 and 7. As previously noted, site-wide water quality is

addressed in OU12 which is not part of the proposed deletion. We are confident attention to

water quality at the Site remains under close watch.
Linda Kiefer

September 10, 2014

Page 3 

On behalf of Lake County, we urge EPA to delete OUs 4, 5 and 7 from the California Gulch

Superfund Site.

Sincerely,

Melanie J. Granberg

for Gablehouse Granberg, LLC