STATE OF COLORI\00 


O

John W. Hickenlooper 


Governor 


FFICE OF THE GOVERNOR 

136 Stale Capitol 


Denver, Colorado 80203 


Phone (303) 866-2471 


Fax(303)866-2003 


February 29, 2016 

Mr. Shaun L. McGrath 

Regional Administrator 

United States Environmental Protection Agency, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: 	 Proposed Listing ofthe "Bonita Peak Mining District" site on EPA's Superfund National 

Priorities List 

Dear Mr. McGrath: 

I write to express my support for the proposed listing ofthe "Bonita Peak Mining District" site 

located in San Juan County, Colorado on the Comprehensive Environmental Response, 

Compensation and Liability Act, ("CERCLA" or "Superfund") National Priorities List ("NPL") 

making it eligible for cleanup and assistance. 

The Bonita Peak Mining District site consists of historic and on-going releases from 48 mine or mine 

related sources in three drainages - Cement Creek, Mineral Creek and the Upper Animas - which 

converge into the Animas River near Silverton, Colorado. These sources are contributing to the ongoing releases of arsenic, aluminum, cadmium, copper, lead, manganese and zinc present in the 

surface water and sediment and are adversely impacting the environment. Based on the complexity 

and anticipated costs of remediating the Bonita Peak Mining District site, it appears that the best 

program to undertake a comprehensive cleanup is the CERCLA program. 

The Town of Silverton, San Juan County, Durango, La Plata County, local tribes, and many other 

interested stakeholders have requested that this site be added to the Superfund NPL. I support this 

listing, so long as certain protections are put in place to address the concerns ofthe local communities 

that would be affected by designating this site as a Superfund National Priority. Accordingly, I want 

to stress the importance that the EPA do all that it can to address the concerns raised by the Silverton 

and San Juan County officials in their February 22, 2016 letter (attached). I share many oftheir 

concerns. 

I am concerned about water quality conditions worsening before Superfund remedy decisions are 

finalized and implemented. Accordingly, before moving forward with any plans to stop operating the 

existing temporary water treatment facility in Gladstone, Colorado or closing the bulkhead at the Red 

& Bonita mine site, I urge EPA to consider all interim measures and options available and work 
February 29,2016 

Page 2 of3 

closely with the State and local stakeholders to ensure that water quality conditions do not deteriorate 

further. 

I urge EPA to ensure that adequate funding for this site is provided during each stage ofthe CERCLA 

process, including listing, investigation, design and remediation so as to avoid any delays or 

interruptions; to continue to work collaboratively with the state and local officials and health 

departments to ensure that they have active and meaningful involvement in decision making through 

all phases ofthe project; to ensure that there is robust and significant community involvement and 

outreach; to form and fund a community advisory group as soon as practical; to ensure that the best 

available technologies and technical expertise are utilized during all phases ofthe Superfund process; 

and to ensure that the community be given technical assistance funding and support to the maximum 

extent possible. 

In addition, the community is also concerned about associated costs to local governments, local 

businesses and residents. EPA should continue to make its best efforts to mitigate the negative 

impacts on the local economy and strive to ensure that the Superfund cleanup supports the economy 

ofthe Town ofSilverton and San Juan County. Every effort should be made to alert local businesses 

to contracting opportunities related to the Superfund investigation, design and remediation. I 

encourage EPA to use contracting methods and offer job training grants that maximize the potential 

for local employment in the Superfund cleanup process. 

I support listing the Bonita Peak Mining District site on the NPL List, and urge the EPA to use its 

best efforts to address the concerns identified above and conduct the cleanup in a timely, effective 

and collaborative fashion. With close coordination and careful consideration and response to local 

concerns, cleanup ofthe Bonita Peak Mining site should be accomplished efficiently with minimal 

disruption ofthe local community. Thank you in advance for your consideration ofthe concerns and 

needs ofthe people ofColorado. Should you have any questions, please do not hesitate to contact me. 

Governor 

cc: 	 Gary Herbert, Governor ofUtah 

Susan Martinez, Governor ofNew Mexico 

Russell Begaye, President Navajo Nation 

Clement Frost, Chairman Southern Ute Indian Tribe 

Manuel Heart, Chairman Ute Mountain Ute Tribe 

U.S. Senator Michael Bennet 

U.S. Senator Cory Gardner 

U.S. Representative Scott Tipton 
February 29, 2016 

Page 3 of3 

Christine Tookey, Mayor of Silverton 

Ernest Kuhlman, San Juan County Commissioner 

Dean Brookie, Mayor of Durango 

Joe Kerby, La Plata County Manager 

Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer, CDPHE 

Robert Randall, Department ofNatural Resources 

Martha Rudolph, Director of Environmental Programs, CDPHE 

Gary Baughman, HMWMD Director, CDPHE 

Monica Sheets, Remediation Program Manager, HMWMD, CDPHE 
PO Box 250 

Silverton, CO 81433 

970-387-5522 

February 22, 2016 

PO Box466 

Silverton, CO 81433 

970-387-5766 

The Hon. John W. Hickenlooper 

Governor 

State ofColorado 

136 State Capitol 

Denver, Colorado 80203-1792 

Re: Proposed listing ofthe Gold King mine and other legacy mines in San Juan County on the EPA's 

Superfund National Priorities List 

Dear Governor Hickenlooper: 

San Juan County and its only town, Silverton, are genuine Colorado treasures. San Juan County is not only 

Colorado's most spectacularly beautiful county, it is Colorado's most remote and least populated. 

Unfortunately, it also has one ofthe smallest and lowest-paid1 workforces in the state and, because 87 percent 

ofthe county's land is owned by the federal government, its local governments are among the smallest and most 

poorly funded in the state. San Juan County is a uniquely fragile place; not only its ecosystems but, despite its 

hardy and resourceful people, its economy and its very existence. 

While local and state officials have worked for years to improve our local economy, we remain heavily 

dependent upon tourism for our survival. Because ofits position astride the source ofthe Animas and Rio 

Grande Rivers, San Juan County is at the heart of a significant portion ofthe west's water supply. 

Unfortunately, that water supply and the county's survival have been, and continue to be, gravely threatened by 

acid mine drainage from century-old legacy mines, a threat dramatically illustrated by last year's Gold King 

mine disaster. 

San Juan County has been working for over two decades to correct the environmental damage caused by legacy 

mines. Our community and local governments have been instrumental in the Animas River Stakeholders Group, 

which pioneered a nationally recognized and applauded cooperative effort by government, the environmental 

community, mining companies and the public to identify and clean up sources of contamination affecting the 

Animas and its tributaries. While these efforts have been extraordinarily successful in identifying and actually 

cleaning up sources of contamination2 instead ofsupporting legions oflawyers pursuing endless litigation, they 

have been limited both by lack offunds and the absence of any Good Samaritan legislation protecting cleanup 

efforts from potential liability. 

In the immediate aftermath ofits Gold King spill, EPA Director Gina McCarthy came to Colorado and rightly 

promised the people ofthe state and the nation that the EPA would hold itself to the highest standard in 

correcting the damage that resulted from the spill. Since then, the EPA has proposed that the Gold King and 

1 Labor Market Information, Quarterly Census ofEmployment and Wages Program, Second Quarter 2015 

2 Abandoned Mine Lands: A Decade ofProgress Reclaiming Hardrock Mines, September 2007, United States Department ofAgriculture Forest 

Service Publication No. FS-891, United States Department ofthe Interior, Bureau ofLand Management Publication No. BLM-W0-07-013-3720 
other leaking mines in the area be listed on the Superfund National Priorities List so a 

comprehensive cleanup can be designed, funded and completed to dramatically improve water 

quali-cy in the Animas River basin. In connection with that proposal, EPA officials at the national 

and regional levels have repeated and expanded upon Director McCarthy s promises, committing 

in extensive discussions with San Juan County and the Town of Silverton to make sure the local 

community has a real seat at the decision-making table and to work with local officials to reduce 

the negative impacts of a Superfund listing. 

Silverton and San Juan County want the mines and rivers cleaned up and we want to ensure that 

our downstream neighbors and our communities are protected. Building upon the commitments 

from numerous people at all levels ofthe EP and despite the crushing fmancial strain placed 

on our very limited town and county budgets, a committee of local representatives appointed by 

our town and county governments, has spent hundreds hours working with the EPA. We have 

worked to clarify the agency's processes and plans, and to ensure that any action taken to 

remediate acid mine drainage actually improves water quality, doesn't further damage the 

environment or our community and our downstream neighbors, and doesn't create another spill 

like the Gold King. 

In our discussions, we have pressed strongly for the EPA to commit to a number ofreasonable 

assurances regarding the proposed NPL listing, assurances we believe are essential to protect the 

environment, improve water quality in the Animas River and minimize the risk offuture spills 

while protecting the local community and its tourist economy. 

These points (detailed in Exhibit A) seek reasonable assurances from the EPA that negative 

impacts to our community will be mitigated; that we have a real seat at the table where decisions 

are made; that the best available science be used in determining the cleanup; that the Superfund 

site should include only the mines and areas listed on the attached Exhibit B; and that, because of 

our small budget and the fact that EPA caused the situation in the first place, EPA reimburse 

Silverton and San Juan County for all expenses incurred in seeking Superfund listing. 

Unfortunately, while members ofthe EPA staff have indicated that some important requests can 

and will be accommodated, the EPA's letter of February 12,2016 (attached hereto as Exhibit C) 

in which the agency outlines its commitments to both the local community and the nation fails to 

incorporate some items we believe to be essential to any NPL listing related to the Gold King 

spill. 

The purpose ofthis letter is to request that the State ofColorado make a request to the EPA that 

the Bonita Peak Mining District Site (as defmed by the EPA's attached list ofspecific properties 

from which, according to data already gathered, discharges may be adversely affecting water 

quality on the Animas River) be added to the National Priority List thereby making it eligible for 

funding under Superfund. As part ofthis request, we ask that you work closely with us to ensure 

the EPA addresses the points in Exhibit A. We understand that some ofthe points cannot be 

addressed until after a listing is obtained but we are depending on you to continue to stand with 

us throughout this process. 
Our goal is to ensure that the EPA's actions actually improve water quality in the Animas River 

and its tributaries and that remediation efforts don't risk causing future disasters like the Gold 

King spill. To that end, we further request that: 

A. The State ofColorado insist that the existing water treatment plant built by the EPA in 

response to the Gold King spill continue to operate and that no other bulkheads on mine tunnels 

(including the bulkhead on the Red and Bonita, which is presently scheduled to be closed by the 

EPA in June, 2016 despite the EPA's lack ofinformation or understanding as to the 

consequences of such a closure) be built or closed until the consequences of any such action are 

fully studied and understood; 

B. Because each ofthe investigative reports on the Gold King spill specifically notes (and the 

EPA itselfhas admitted) that the Gold King spill occurred because those involved did not 

adequately understand the unique hydrologic, geologic and other issues with which they were 

dealing and did not adequately appreciate the consequences oftheir actions, the State of 

Colorado prohibit further actions by EPA or anyone else that might have adverse consequences 

until the unique geology and underground hydrology ofthe area are fully understood. We have 

offered the EPA access to a team ofnationally known academic and government scientists in the 

relevant areas who have offered to assist in this effort. Iffor any reason the EPA is unable or 

unwilling to take advantage ofthis scientific expertise, we request that the State ofColorado 

form and lead a consortium of affected states, native American nations and interested 

stakeholders to study existing conditions and develop the necessary information for the EPA so 

that we do not again have to suffer the consequences of actions taken in ignorance; 

C. To the extent that EPA cannot legally reimburse the local community for all expenses 

incurred as a result ofthe Gold King spill, we request that the State ofColorado bear those costs 

where appropriate and applicable because the local governments and the community they 

represent simply lack the resources to pay them. 

We believe that it is critical that the State ofColorado take the lead in ensuring that, whatever the 

outcome ofthis request for NPL listing, no action is ever taken in the name of environmental 

protection that will damage hundreds ofmiles ofrivers and their surrounding ecosystems and the 

millions ofpeople who rely on those rivers. 

We would welcome the opportunity to meet with you and your staff to provide any assistance we 

can in formulating 'the State ofColorado's request to the EPA for NPL listing relating to the 

Gold King spill. 
Respectfully, 

Board ofCounty Commissioners 	 Board ofTrustees 

Town of Silverton, Colorado 

&IL&L Christine M. Tookey, Mayor 
Exhibit A 

The assurances we have sought include: 

1. The Superfund site should include only the mines and areas listed on the attached 

Exhibit B. 

2. The Superfund site will be named the Bonita Peak Mining District Site so as to 

minimize any negative association with either Silverton or San Juan County and the 

damage which such association necessarily would cause to our community and its fragile 

tourism based economy. 

3. Because ofthe vast amount oflocal knowledge, information and expertise relating to 

the mines of our area, while the EPA will retain the ultimate decision-making authority 

with regard to activities within the Superfund site, the EPA will actively involve the 

Town and County governments and representatives orrelevant state agencies in all 

phases ofwork in connection with the site including but not limited to the listing process, 

the determination ofthe nature, scope and extent ofthe studies to be performed and ofthe 

data to be gathered, the remedial investigation and feasibility study, as well as the 

formulation, selection, design and implementation of potential remedies. The scope of 

this involvement will not be limited to the typical review and comment on EPA proposals 

but instead will include active and meaningful involvement throughout this process and 

particularly in the formulation and evaluation ofthe EPA's proposals. 

4. When requested, the EPA will authorize and fund Technical Assistance (TAG) Grants 

or other scientific and research grants to fund such technical assistance as the Town and 

County may require in order to meaningfully participate in all aspects ofthe Bonita Peak 

Mining District Site project and also cause the EPA's Office ofResearch and 

Development to authorize and fund whatever Science Technical Research (STAR) or 

other grants to develop a complete understanding ofthe geology and underground 

hydrology ofthe area so that any actions taken can be based on adequate information as 

to their potential consequences. 

5. EPA will use its best efforts to utilize the Bonita Peak Mining District project to 

develop and study new or alternative technologies, approaches and remedies for use in 

connection with mine drainage generally. This will include utilization of expertise in 

academia and industry regarding hydrology and other areas which properly should be 

considered in formulating any remediation plan for the site. 

6. EPA will authorize and fund, via a Cooperative Agreement, Community Assistance 

(CAG) Grants or otherwise, financial assistance to the Town and County to enable them 

to meaningfully participate in all activities related to the site and to address all impacts 

caused by the Gold King incident, the Superfund listing and cleanup including 

reimbursing the Town and County for expenses incurred from and after August 5, 2015. 

Because, unlike the usual Superfund site, the Gold King spill was caused by the EPA's 

contractor and thus the EPA bears fmancial responsibility for all consequences ofthat 

spill, the scope ofthis assistance is intended to be considerably broader than typical for 

Superfund listings and to cover all expenses reasonably stemming from the Gold King 
incident, the listing process and all post-listing costs including housing, legal assistance, 

additional manpower needs, etc. .. 7. In order to avoid unintended consequences which may be caused by ignorance ofthe 

geology and underground hydrology ofthe San Juan Mountains, before developing or 

implementing any alternative remedies, acting in conjunction with academic and 

government experts in all relevant areas and with the State ofColorado, EPA will work 

closely with both the local and state governments to assemble a team ofscientific 

consultants with the necessary expertise in all areas where study may be required 

(particularly in the area ofgeology and underground hydrology) to develop such data, 

knowledge and information as may be necessary to understand the underground 

hydrology ofthe area and the potential consequences ofremedial actions which may 

eventually be taken. 

8. In order to prevent worsening water quality and further degradation oflocal streams, 

EPA will continue to operate the existing water treatment plant to treat discharges from 

the Gold King, Red and Bonita, and other area mines until fmal remedies are selected and 

implemented. 

9. In order to prevent worsening water quality and to avoid the potential for another 

catastrophic release of acid mine drainage, the EPA will delay closure ofthe bulkhead 

installed on the Red and Bonita adit until the potential effects ofsuch closure have been 

thoroughly studied and it has been determined that such closure can be effectuated 

without risk ofcausing a future blowout or release of contamination from other 

discharges. 

10. Declaration of a Superfund site without adequately funding it will be a meaningless 

gesture. Because the Gold King incident is unique in that it was caused by an EPA 

contractor, EPA will give the Bonita Peak Mining District site adequate funding. 

11. EPA will not seek to recover cleanup costs nor will it otherwise seek contribution 

from either a) innocent property owners who have not commercially operated any listed 

mine property or otherwise caused or contributed to any contaminated mine discharge or 

drainage or b) local governments. 

12. Because the boundaries ofthe site are being defmed so as to permit study of as wide 

an area as possible in order to determine which sites actually discharge significant 

contamination into the Animas and its tributaries, ifdata gathered during the preliminary 

stages ofthe project demonstrate that any property initially listed is not a significant 

contributor to contamination ofthe Animas River or its tributaries, EPA will de-list the 

non-contributing property and provide a letter confirming that the property is not a 

significant contributor to contamination oflocal waters and thus is not subject to action 

under Superfund. 

13. Ifrequested by owners ofproperty outside ofthe Superfund site boundaries, the EPA 

will at its own expense conduct tests ofthe property as requested and provide either 

written confirmation to such property owners that contamination located within the 

Bonita Peak Mining District Site does not have any meaningful effect on their properties 
or such other documentation as may be required in order to satisfy funding conditions, 

limitations or requirements of any state or federal agency or program such as HUD, FHA, 

Fannie Mae or Freddie Mac. 

I 

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